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IN RE H.J. OTTEN CO., INC.

CIV.-80-655.

8 B.R. 781 (1981)

In re H.J. OTTEN CO., INC., Bankrupt. MANUFACTURERS AND TRADERS TRUST COMPANY, Plaintiff, v. Harold P. BULAN, Trustee in Bankruptcy of H.J. Otten Co., Inc. et al., Defendants.

United States District Court, W.D. New York.

January 30, 1981.

Attorney(s) appearing for the Case

Hodgson, Russ, Andrews, Woods & Goodyear, Buffalo, N.Y. (Garry M. Graber, Buffalo, N.Y., of counsel), for plaintiff.

Goldstein, Navagh, Bulan & Chiari, Buffalo, N.Y. (Stuart D. Markowitz, Buffalo, N.Y., of counsel), for defendants.

MEMORANDUM and ORDER

JOHN T. ELFVIN, District Judge.

This appeal from the bankruptcy court concerns certain municipal bonds owned by the bankrupt, H.J. Otten Co., Inc. ("Otten"). I affirm the Bankruptcy Judge's conclusion that appellant Manufacturers and Traders Trust Company ("M & T") does not have a perfected security interest in the bonds.

Otten was a heating and ventilation contractor which entered into construction contracts with the County...

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