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IN RE R.F. CUNNINGHAM & CO., INC.

No. 805-84105-511.

355 B.R. 408 (2006)

In re R.F. CUNNINGHAM & CO., INC., Debtor.

United States Bankruptcy Court, E.D. New York.

November 20, 2006.

Attorney(s) appearing for the Case

Jeffrey Herzberg, Esq., Zinker & Herzberg, LLP, Smithtown, NY, for Champaign Landmark, Inc.

Michael S. Amato, Esq., Ruskin Moscou Faltisckek PC, Uniondale, NY, for the Debtor.

Alan D. Halperin, Esq., Halperin Battaglia Raicht, LLP, New York, NY, for the Official Committee of Unsecured Creditors.

David C. Barrett, Jr., Barrett, Easterday, Cunningham & Eselgroth LLP, Dublin, OH, for Agland Grain, Inc., Fulton-Marshall Co-Op and Stockland Grain Co.

MEMORANDUM DECISION

(Re: Motion for Relief from the Automatic Stay)

MELANIE L. CYGANOWSKI, Chief Judge.

At a hearing held on September 29, 2005, this Court heard and determined a motion by Champaign Landmark by which it sought relief from the automatic stay pursuant to 11 U.S.C. § 362(d) for the purpose of enforcing an Ohio statutory lien that encumbered certain agricultural commodity assets of the debtor, R.F. Cunningham and Company (the...

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