MATTER OF BRIMHALL

Bankruptcy No. 81-0130.

13 B.R. 942 (1981)

In the Matter of Christopher W. BRIMHALL, Wendy Gay Brimhall, dba Iron Horse Enterprises, Debtors. L.D. FITZGERALD, Trustee, Plaintiff. v. UNION BANK, Defendant.

United States Bankruptcy Court, D. Idaho.

September 8, 1981.


Attorney(s) appearing for the Case

Jim D. Pappas, Green, Service, Gasser & Kerl, Pocatello, Idaho, for plaintiff.

Steven H. Stewart, Stewart, Young, Paxton & Russell, Salt Lake City, Utah, for defendant.


MEMORANDUM DECISION

MERLIN S. YOUNG, Bankruptcy Judge.

By this action plaintiff trustee seeks to recover $5,300.00 from defendant Bank as an asset of the estate. The parties have stipulated the facts and each now seeks a summary judgment based upon said stipulated facts, the pleadings and the Affidavit of L.D. Fitzgerald filed herein.

The essential facts are these. On May 19, 1980, the debtor entered into a purchase and sale agreement with an automobile...

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