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IN RE CALIFORNIA WESTERN R.R., INC.

Bankruptcy No. 02-12924. Adversary No. 03-1042.

303 B.R. 201 (2003)

In re CALIFORNIA WESTERN RAILROAD, INC., Debtor. Michael Meyer, Trustee, Plaintiff, v. Capital Crossing Bank, et al., Defendants.

United States District Court, N.D. California.

June 13, 2003.

Attorney(s) appearing for the Case

Philip M. Arnot, Philip M. Arnot, Inc., Eureka, CA, for Debtor.

Brian J. Purtill, Law Offices of Purtill and Bryan, David N. Chandler, Law Offices of David N. Chandler, Santa Rosa, CA, for Trustee.

Memorandum on Motion for Summary Judgment

ALAN JAROSLOVSKY, Bankruptcy Judge.

Introduction

Debtor California Western Railroad filed a petition under Subchapter IV (Railroad Reorganization) of Chapter 11 of the Bankruptcy Code on December 3, 2002. Plaintiff Michael Meyer is the trustee appointed pursuant to § 1163 of the Code. In this adversary proceeding, he seeks to avoid the security interests of defendants in the assets of the debtor on the...

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