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IN RE SUPPLIES & SERVICES, INC.

BAP Nos. PR 10-085, PR 11-011. Bankruptcy No. 10-07157-BKT. Adversary No. 10-00162-BKT.

461 B.R. 699 (2011)

SUPPLIES & SERVICES, INC., Debtor. Supplies & Services, Inc., Plaintiff-Appellee, and Banco Popular De Puerto Rico, Intervenor-Appellee, v. NACCO Industries, Inc., NACCO Materials Handling Group, Inc., and Yale Materials Handling Corporation, Defendants-Appellants.

United States Bankruptcy Appellate Panel of the First Circuit.

November 23, 2011.

Attorney(s) appearing for the Case

Michael P. Flanagan, Esq. , Benjamin E.F.B. Waller, Esq., Winterville, NC, and Ramón Coto-Ojeda, Esq. , on brief, for Defendants-Appellants.

Carmen Conde, Esq. , and Robert Freedman, Esq. , on brief, for Plaintiff-Appellee, Supplies & Services, Inc.

Rafael Pérez-Bachs, Esq. , and Monique J. Diaz-Mayoral, Esq. , on brief, for Intervenor-Appellee, Banco Popular de Puerto Rico.

Before HILLMAN, FEENEY, and KORNREICH, United States Bankruptcy Appellate Panel Judges.

PER CURIAM.

Supplies & Services, Inc. is the "Debtor" in a chapter 11 case in the District of Puerto Rico. NACCO Materials Handling Group, Inc., doing business as Yale Materials Handling Corporation ("NMHG"),1 is a creditor in that case and asserts a first perfected security interest in the Debtor's inventory and related assets. The Debtor brought an adversary proceeding seeking a declaration that the security agreement is ineffective...

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