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IN RE TOM WOODS USED CARS, INC.

Bankruptcy No. 1-81-00801, Adv. No. 1-81-0353.

24 B.R. 529 (1982)

In re TOM WOODS USED CARS, INC., Debtor. NORTH GEORGIA TOYOTA, Plaintiff, v. Richard P. JAHN, Jr., Trustee, Defendant.

United States Bankruptcy Court, E.D. Tennessee.

November 16, 1982.

Attorney(s) appearing for the Case

Kenneth R. Starr, Chattanooga, Tenn., for plaintiff.

Harold L. North, Jr., Chattanooga, Tenn., for defendant.

MEMORANDUM

RALPH H. KELLEY, Bankruptcy Judge.

This matter is before the court upon complaint brought by a seller to recover the proceeds of the sale of an automobile from defendant trustee. The parties filed cross motions for summary judgment and stipulated certain facts found in the pleadings, briefs, and oral argument.

Even though the parties have conceded most of the material facts, two theories as to the legal results of certain business practices...

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