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BARWELL, INC. v. FIRST OF AMERICA BANK-LaPORTE

No. S90-492.

768 F.Supp. 1312 (1991)

BARWELL, INC., Plaintiff, v. FIRST OF AMERICA BANK-LaPORTE, N.A., Defendant.

United States District Court, N.D. Indiana, South Bend Division.

July 26, 1991.

Attorney(s) appearing for the Case

Nickolas P. Andreeff and James R. King of Amer Cunningham Brennan Co., L.P.A., Akron, Ohio, Patricia E. Primmer of May, Oberfell & Lorber, South Bend, Ind., for plaintiff.

Lewis C. Laderer, Jr. and Rebecca Hoyt Fischer of Kramer, Butler, Simeri, Konopa & Laderer, South Bend, Ind., for defendant.

MEMORANDUM AND ORDER

ROBIN D. PIERCE, United States Magistrate Judge.*

This case is before the court on the parties' cross-motions for summary judgment. In February, 1989, plaintiff, Barwell, Inc., delivered a machine to McMann Golf Ball Company, Inc. Barwell did not file a financing statement to perfect its interest in the equipment. McMann immediately implemented the machine in its manufacturing operations. In March, 1989,...

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