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IN RE T & R FLAGG LOGGING, INC.

Bankruptcy No. 07-20858. Adversary No. 07-2104.

399 B.R. 334 (2009)

In re T & R FLAGG LOGGING, INC., Debtor. Northeast Bank, Plaintiff v. Caterpillar Financial Services Corp., Defendant.

United States Bankruptcy Court, D. Maine.

January 23, 2009.

Attorney(s) appearing for the Case

David C. Johnson, Esq., Marcus Clegg & Mistretta, P.A., Portland, ME, for Plaintiff.

Fred Bopp, III, Esq., Randy Creswell, Esq., Perkins Thompson et al., Portland, ME, for Defendant.

Memorandum of Decision

JAMES B. HAINES, JR., Bankruptcy Judge.

I. Introduction

Before me is a lien priority dispute between Northeast Bank ("Northeast") and Caterpillar Financial Services Corp. ("Caterpillar"). Each asserts a senior position in four pieces of logging equipment purchased by T & R Flagg Logging, Inc., ("Flagg") from Southworth-Milton, Inc., before Flagg filed for bankruptcy relief. As explained below, I find and conclude that...

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