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IN RE GATEWAY ETHANOL, L.L.C.

No. 08-22579.

415 B.R. 486 (2009)

In re GATEWAY ETHANOL, L.L.C., Debtor.

United States Bankruptcy Court, D. Kansas.

June 5, 2009.

Attorney(s) appearing for the Case

Laurence M. Frazen, Bryan Cave, LLP, Kansas City, MO, Megan J. Redmond, Bryan Cave LLP, Kansas City, MO, Tammee E McVey, Kansas City, MO, for Debtor.

MEMORANDUM OPINION AND ORDER FINDING DEBTOR'S AGREEMENT WITH INDECK POWER EQUIPMENT IS A TRUE LEASE

DALE L. SOMERS, Bankruptcy Judge.

The question under advisement is whether Gateway Ethanol's ("Gateway" or "Debtor") agreement with Indeck Power Equipment Company ("IPE" or "Indeck Power") with respect to Gateway's acquisition of a thermal oxidizer boiler system from IPE is a true lease or a sale/security agreement. The issue arose in Dougherty Funding L.L...

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