Topcon Instrument Corp. of America v. West Coast Optical Instruments, Inc. (In Re West Coast Optical Instruments, Inc.)

FINDINGS OF FACT, CONCLUSIONS OF LAW AND MEMORANDUM OPINION

THOMAS E. BAYNES, Jr., Bankruptcy Judge.

THE ABOVE-STYLED adversary proceeding came before this Court for final evidentiary hearing on December 31, 1987, at which time the parties submitted stipulated facts. Plaintiff, Topcon Instrument Corporation of America (Topcon), requests this Court to require Defendant, NCNB Financial Services (NCNB Financial), to marshall its collateral. The relevant facts as stipulated by the parties are as follows:

Debtor, West Coast Optical Instruments, Inc. (Debtor) filed its Chapter 11 Petition on May 13,…