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IN RE BUEHNE FARMS, INC.

No. 04-32052.

321 B.R. 239 (2005)

In re BUEHNE FARMS, INC., Debtor.

United States Bankruptcy Court, S.D. Illinois.

January 26, 2005.

Attorney(s) appearing for the Case

Law Office of Terry Sharp, P.C., Mt. Vernon, IL, for Movants.

James Richard Myers, LeFevre Oldfield Myers Apke & Payne Law Group, Ltd., Vandalia, IL, for Defendant.

OPINION

KENNETH J. MEYERS, Chief Judge.

This dispute arose when Ag Lease or Loan, L.L.C. [sic] (hereafter, Ag) and its assignees, U.S. Bank, as successor in interest to Firstar Bank, and Hillcrest Bank (hereafter collectively, "movants") moved to compel the debtor to assume or reject two agreements that movants characterize as leases. The debtor opposed that characterization, arguing that the agreements are disguised security agreements. Based on...

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