IN RE OUTBOARD MARINE CORP.

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

304 B.R. 844 (2004)

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., in its capacity as Prepetition Agent Dip Agent, Plaintiff, v. Outboard Marine Corporation, et al., Defendants. Federal-Mogul Corporation, Counter-Plaintiff, v. Bank of America, N.A., successor in interest to Bank of America, N.A., formerly Nationsbank, N.A., in its capacity as Prepetition Agent Dip Agent, Counter-Defendant.

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

January 29, 2004.


Attorney(s) appearing for the Case

Charles B. Leuin, Jenkens & Gilchrist, PC, Chicago, IL, for Plaintiff.

Julie C. Keller, Dykema Gossett PLLC, Chicago, IL, Margaret A. Costello, Detroit, MI, for Defendant.

Kathleen H. Klaus, Janice Alwin, Shaw Gussis, Fishman, Glantz, Wolfson & Towbin, LLC, Chicago, IL, for Trustee.


MEMORANDUM OPINION

JOHN H. SQUIRES, Bankruptcy Judge.

These matters come before the Court on two motions. First, Counter-Plaintiff Federal-Mogul Corporation ("Federal-Mogul") has moved for partial summary judgment pursuant to Federal Rule of Bankruptcy Procedure 7056 and Federal Rule of Civil Procedure 56 on the complaint filed by Counter-Defendant Bank of America, N.A. (the "Bank"), seeking a determination of the validity and priority of a lien in...

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