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IN RE HARVEY COLE CO., INC.

Bankruptcy No. B78-191S.

2 B.R. 517 (1980)

In re HARVEY COLE COMPANY, INC., a Washington Corporation, Debtor.

United States Bankruptcy Court, W.D. Washington, at Seattle.

January 14, 1980.

Attorney(s) appearing for the Case

Joseph A. Barreca, Seattle, Wash., for Harvey Cole Co., Inc., debtor.

Thomas W. Huber, Seattle, Wash., for Harvey Cole, individually.

Layton A. Power, Seattle, Wash., for Milton Bradley Co.

MEMORANDUM DECISION

SIDNEY C. VOLINN, Bankruptcy Judge.

This matter involves a dispute between two claimants. One is a guarantor who, when called upon to pay a creditor of the bankrupt, secured a full release on his guaranty by paying only part of the debt. The guarantor claims that by virtue of subrogation he is entitled to a dividend from the estate to the extent he paid the debt. The creditor, however, contends that subrogation and payment are not available...

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