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IN RE OUTBOARD MARINE CORP.

Bankruptcy No. 00 B 37405, Adversary No. 01 A 00471.

300 B.R. 308 (2003)

In re OUTBOARD MARINE CORPORATION, et al., Debtors. Bank of America, N.A., successor in interest to Bank of America, N.A., formerly Nationsbank, N.A., successor in interest to Nationsbank of Texas, N.A., in its capacity as Prepetition Agent and DIP Agent, Plaintiff, v. Outboard Marine Corporation, et al., Defendants.

United States Bankruptcy Court, N.D. Illinois, Eastern Division.

October 20, 2003.

Attorney(s) appearing for the Case

Larry J. Nyhan, Sidley, Austin, Brown & Wood, Bank One Plaza, Chicago, IL, for Movant or Plaintiff.

Jeffrey C. Dan, Crane, Heyman, Simon, Welch & Clar, Chicago, IL, for Makino, Inc.

AMENDED MEMORANDUM OPINION

JOHN H. SQUIRES, Bankruptcy Judge.

This matter comes before the Court on the motion of Makino, Inc. ("Makino") for partial summary judgment pursuant to Federal Rule of Bankruptcy Procedure 7056 and Federal Rule of Civil Procedure 56 on the complaint filed by Bank of America, N.A. (the "Bank") seeking a determination of the extent, validity and priority of liens in the proceeds of certain machinery that Makino sold to Outboard...

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