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IN RE ABW, INC.

Bankruptcy No. 82-419, Adv. No. 82-353.

29 B.R. 88 (1983)

In re ABW, INC., a corporation, Debtor. RENO COURTS LTD., a Limited Partnership, by and through its general partners, James R. LAUGHTON and Richard Bennett, as general partners, Plaintiff, v. ABW ASSOCIATES, INC., a corporation, Defendant.

United States Bankruptcy Court, D. Nevada.

February 15, 1983.

Attorney(s) appearing for the Case

Bruce T. Beesley, Robison, Lyle, Belaustegui & Robb, Reno, Nev., for plaintiff.

David A. Kahan, Sala, McAuliffe, White & Long, Reno, Nev., for debtor/defendant.

OPINION

SAMUEL J. STEINER, Bankruptcy Judge.

FACTS

Plaintiff, the landlord, and the debtor, the tenant, became involved in a rent dispute. Rather than pay the rent, and in order to create a reserve for payment in the event the plaintiff might prevail in anticipated litigation, the debtor deposited three months' disputed rent into a special bank account.

The plaintiff commenced a suit in state court whereupon the parties agreed to submit...

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