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IN RE HOLMES

Bankruptcy No. 78 B 510, Civ. A. No. 78-K-1164.

1 B.R. 513 (1979)

In re Jules D'Orsay HOLMES, Bankrupt. The WESTERN NATIONAL BANK OF COLORADO SPRINGS, Plaintiff-Appellant, v. Jonathan M. DREGER, Defendant-Appellee.

United States District Court, D. Colorado.

November 6, 1979.

Attorney(s) appearing for the Case

Michael A. Berniger, Berniger, Berg & Sterling, Colorado Springs, Colo., for Holmes.

Terry D. Hendricks, Hendricks & Hendricks, Colorado Springs, Colo. for Western Nat'l Bank.

Lawrence E. Addy, Addy, Otto & Stauffer, Colorado Springs, Colo., for Dreger.

MEMORANDUM OPINION AND ORDER

KANE, District Judge.

On August 4, 1978, appellant, the Western National Bank of Colorado Springs, filed a complaint for relief from stay of enforcement of a lien on a security interest held by appellant. On August 14, 1978, the trustee filed an answer and a counterclaim which alleged a preferential transfer. Appellant filed its motion to withdraw its complaint on August 31, 1978. In that motion appellant also objected to the...

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