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IN RE MACHINERY, INC.

Bankruptcy No. 01-43526-293. Adversary No. 04-4028.

337 B.R. 368 (2005)

In re MACHINERY, INC., Debtor. JCB, Inc., Plaintiff, v. Union Planters Bank, N.A. and Machinery, Inc., Defendants

United States Bankruptcy Court, E.D. Missouri, Eastern Division.

November 16, 2005.

Attorney(s) appearing for the Case

Brian C. Walsh, Kevin M. Abel, King & Spalding LLP, Atlanta, GA, for Plaintiff.

Jeffrey S. Heuer, Blackwell Sanders Peper Martin LLP, for Defendant Union Planters Bank.

Norman W. Pressman, Goldstein & Pressman, for Defendant Machinery, Inc.

Anthony Soukenik, St. Louis, MO, for Debtor.

DAVID P. McDONALD, Bankruptcy Judge.

MEMORANDUM OPINION

This case is before the Court on JCB's Motion for Partial Summary Judgment. The dispute in this case is which creditor, JCB or Union Planters, possessed the senior security interest in certain collateral (the "Collateral") owned by the debtor, Machinery, Inc. ("Machinery"). Because the confirmed plan of reorganization (the "Plan") preserved JCB's senior...

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