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IN RE JOE NECESSARY & SON, INC.

Civ. A. No. 78-00036A(1).

475 F.Supp. 610 (1979)

In re JOE NECESSARY AND SON, INC., Debtor. RISH EQUIPMENT COMPANY, Plaintiff/Appellant, v. JOE NECESSARY AND SON, INC., Defendant/Appellee.

United States District Court, W. D. Virginia, Abingdon Division.

August 23, 1979.

Attorney(s) appearing for the Case

William Rogers McCall, Bristol, Va., Charles W. Davis, Bluefield, W.Va., for Rish Equipment Co.

James E. Nunley, Bristol, Va., for Joe Necessary and Son, Inc.

MEMORANDUM OPINION

TURK, Chief Judge.

This case is before the Court on appeal by Rish Equipment Company ("Rish") from a determination by the Bankruptcy Court that Rish's interest in certain property in possession of the debtor, Joe Necessary and Sons, Inc. ("Necessary"), was that of a secured lender. Rish here contends that the Bankruptcy Court erroneously required it to shoulder the burden of persuasion with respect to the nature of its interest in the...

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