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NEW HOLLAND CREDIT CO., LLC. v. MADISON CREEK LLC.

No. Civ.A. 2:01-0327.

191 F.Supp.2d 695 (2002)

NEW HOLLAND CREDIT COMPANY, LLC, Plaintiff, v. MADISON CREEK LLC, et al., Defendants.

United States District Court, S.D. West Virginia, Charleston Division.

March 21, 2002.

Attorney(s) appearing for the Case

Michael T. Chaney, Kay, Casto & Chaney, PLLC, Charleston, West Virginia, for plaintiff.

O. Reginald Osenton, Osenton & Adkins, LLP, Logan, West Virginia, for defendants.

MEMORANDUM OPINION AND ORDER

HADEN, Chief Judge.

Pending is Plaintiff's motion for summary judgment. The Court GRANTS in part and DENIES in part Plaintiff's motion.

I. FACTUAL BACKGROUND

On August 6, 1999 Defendant Madison Creek LLC (Madison Creek) purchased under a Retail Installment Sales Contract and Security Agreement (Contract) a used Kawasaki wheel loader from Campbell Tractor & Equipment Co.,...

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