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IN RE CASH & CARRY TOOL SUPPLY CO., INC.

Bankruptcy No. 81-01264 M A, Adv. No. 82-0329 M.

25 B.R. 574 (1982)

In re CASH & CARRY TOOL SUPPLY CO., INC., Debtor. Neil J. GITTELMAN, trustee, Plaintiff, v. Orville R. GLASS and Emma L. Glass, his wife, Defendants.

United States Bankruptcy Court, D. New Mexico.

December 14, 1982.

Attorney(s) appearing for the Case

Douglas T. Francis, Albuquerque, N.M., for trustee.

Nathan H. Mann, Albuquerque, N.M., for Unsecured Creditors' Committee.

Philip H. Gursky, Albuquerque, N.M., for Orville and Emma Glass.

Jeffrey A. Dahl, Albuquerque, N.M., for debtor.

MARK B. McFEELEY, Bankruptcy Judge.

MEMORANDUM OPINION

This matter came before the Court on the complaint of the trustee to compel turnover of property. The trustee alleges that Orville's Cash & Carry Tool Supply Co., Inc., a Texas corporation (Orville's), was never properly incorporated under Texas law, and has never been a separate and distinct entity apart from Cash & Carry Tool Supply Co., Inc., a New Mexico corporation (debtor), or that the...

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