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IN RE MARCELLA'S PASTA FRESCA, INC.

Bankruptcy No. 80-00484-BKC-JAG, Adv. No. 80-0116-BKC-JAG-A.

15 B.R. 83 (1981)

In re MARCELLA'S PASTA FRESCA, INC., Debtor. HOBART CORPORATION, an Ohio Corporation, Plaintiff, v. MARCELLA'S PASTA FRESCA, INC., et al., Defendants.

United States Bankruptcy Court, S.D. Florida.

October 19, 1981.

Attorney(s) appearing for the Case

Ronald G. Neiwirth, Neiwirth & Neiwirth, P.A., Miami, Fla., for cross-claimant, Wilbur Kohn.

Neil J. Berman, Miami, Fla., for trustee.

Steve Friedman, Britton, Cohen, Kaufman, Benson & Schantz, Miami, Fla., for plaintiff, Hobart Corp.

Robert A. Schatzman, Schatzman & Schatzman, Miami, Fla., for Marcella Aitken, Marcella's Italian Commissaries and Marcella's Restaurant & Lounge.

Louis Phillips, Phillips & Phillips, Miami, Fla., for Marcella's Pasta Fresca, Inc.

William R. Roemelmeyer, Miami Shores, Fla., trustee.

FINDINGS AND CONCLUSIONS

JOSEPH A. GASSEN, Bankruptcy Judge.

This adversary proceeding commenced with the filing of a complaint by Hobart Corporation against the debtor, the trustee, William Roemelmeyer, and the landlord, Wilbur Kohn for turnover of certain equipment which Hobart had furnished to the debtor and for which it had not been compensated. Hobart's problem had been resolved prior to the trial of issues between

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