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MATTER OF FRESH ENTERPRISES, INC.

Bankruptcy No. 79-1651.

12 B.R. 248 (1981)

In the Matter of FRESH ENTERPRISES, INC., Debtor. GENERAL MOTORS ACCEPTANCE CORPORATION, Plaintiff, v. FRESH ENTERPRISES, INC. and John Washburn, Defendants.

United States Bankruptcy Court, M.D. Florida, Tampa Division.

June 12, 1981.

Attorney(s) appearing for the Case

John A. Noland, Henderson, Franklin, Starnes & Holt, Fort Myers, Fla., for plaintiff.

Jerry Markowitz, Miami, Fla., for defendant, Fresh Enterprises, Inc.

Wm. H. Shields, Fort Myers, Fla., for defendant, John Washburn, Trustee.

John Washburn, Ft. Myers, Fla., Trustee.

FINDINGS OF FACT, CONCLUSIONS OF LAW AND MEMORANDUM OPINION

ALEXANDER L. PASKAY, Chief Judge.

THE MATTER in controversy is the conflicting claims to a check in the amount of $2,569.67 by John Washburn, the Trustee of the estate and by General Motors Acceptance Corporation (GMAC). It is the contention of GMAC, the Plaintiff who instituted this adversary proceeding, that by virtue of certain provisions of a lease agreement, it is entitled to the check.

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