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IN RE M & S GRADING, INC.

No. 06-6001NE.

457 F.3d 898 (2006)

In re: M & S GRADING, INC., Debtor. The CIT Group / Equipment Financing, Inc., Plaintiff-Appellee, v. M & S Grading, Inc., Debtor-Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: July 27, 2006.

Attorney(s) appearing for the Case

Brandon R. Tomjack, argued, Omaha, Nebraska (T. Randall Wright, Omaha, Nebraska, on the brief), for appellant.

Charles E. Benish, argued, Omaha, Nebraska (Michael J. Whaley, Omaha, Nebraska, on the brief), for appellee.

Before SCHERMER, FEDERMAN and VENTERS, Bankruptcy Judges.

VENTERS, Bankruptcy Judge.

This is an appeal of the bankruptcy court's determination that the Plaintiff's interest in certain personal property in the Debtor's possession is superior to the Debtor's interest in that property and that the Debtor must relinquish possession to the Plaintiff. We have jurisdiction over this appeal pursuant to 28 U.S.C. § 158(b). For the reasons set forth below, we affirm the decision of the bankruptcy court.1

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