IN RE CHARLES

No. 02-3072.

323 F.3d 841 (2003)

In re Robert Fritz CHARLES; Jan Aloise Charles, Debtors. J. Michael Morris, Trustee, Plaintiff-Appellant, v. The CIT Group/Equipment Financing, Inc., Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

March 20, 2003.


Attorney(s) appearing for the Case

Christopher A. McElgunn of Klenda, Mitchell, Austerman & Zuercher, L.L.C., Wichita, KS, for Plaintiff-Appellant.

Jack C. Marvin and Van M. Halley of Stinson Morrison Hecker LLP, Wichita, KS, for Defendant-Appellee.

Before SEYMOUR, EBEL, and O'BRIEN, Circuit Judges.


SEYMOUR, Circuit Judge.

J. Michael Morris, bankruptcy trustee (trustee), appeals the district court's order affirming the bankruptcy court's entry of summary judgment in favor of The CIT Group/Equipment Financing, Inc. (CIT) on the trustee's claim to avoid unperfected security interests pursuant to 11 U.S.C. § 544(a). Our jurisdiction arises under 28 U.S.C. § 158(d). We affirm.1

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