IN RE O.P.M. LEASING SERVICES, INC.

Reorganization No. 81 B 10533, Adv. No. 81-5524A.

21 B.R. 993 (1982)

In re O.P.M. LEASING SERVICES, INC., Debtor. STATE OF WEST VIRGINIA, DEPARTMENT OF FINANCE AND ADMINISTRATION, Plaintiff, v. James P. HASSETT, as Reorganization Trustee of O.P.M. Leasing Services, O.P.M. Leasing Services, Inc., La Salle National Bank, International Business Machines Corporation, Computer Equipment Services Corporation, Formerly Known as Electronic Memories and Magnetics Corporation, Defendants.

United States Bankruptcy Court, S.D. New York.

July 14, 1982.


Attorney(s) appearing for the Case

Glass & Howard, New York City, for State of West Virginia, Dept. of Finance and Administration; Robert Howard, New York City, of counsel.

Zalkin, Rodin & Goodman, New York City, for James P. Hassett, as Chapter 11 Trustee of O.P.M. Leasing Services, Inc.; Richard Toder, New York City, of counsel.

Milbank, Tweed, Hadley & McCloy, New York City, for LaSalle Nat. Bank; John Gellene, New York City, of counsel.

Chauncey H. Browning, Atty. Gen. for State of W. Va., for plaintiff; E. Wayne Basconi, Asst. Atty. Gen., Charleston, W. Va., of counsel.


DECISION ON LASALLE NATIONAL BANK'S MOTION FOR SUMMARY JUDGMENT AND FOR JUDGMENT ON LA SALLE'S COUNTERCLAIM

BURTON R. LIFLAND, Bankruptcy Judge.

This matter is before the Court on the Motion of LaSalle National Bank ("LaSalle") for Summary Judgment pursuant to Bankruptcy Rule 7561 and Rule 56 of the Federal Rules of Civil Procedure to dismiss the claim of the State of West Virginia, Department of Finance and Administration ("West...

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