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IN RE McCALL

Bankruptcy Nos. 80-20244, 80-20245 and 82-2208A.

27 B.R. 106 (1983)

In re Fred R. McCALL and Fred McCall Trucking, Inc., Debtors. EQUILEASE CORPORATION, Plaintiff, v. Fred R. McCALL and Fred McCall Trucking, Inc., Defendants.

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

February 3, 1983.

Attorney(s) appearing for the Case

Woods, Oviatt, Gilman, Sturman & Clarke by Howard Grossman, Rochester, N.Y., for defendants.

Noto, Rudin & Berlowitz by Michael B. Rudin, Rochester, N.Y., for plaintiff.

MEMORANDUM AND DECISION

EDWARD D. HAYES, Bankruptcy Judge.

The debtors herein filed for relief under Chapter 11 of the United States Bankruptcy Code on March 7, 1980. The plaintiff herein has commenced this adversary proceeding for relief of the automatic stay so that they may be able to repossess two 1978 utility refrigerated trailers. The debtor has counterclaimed saying that this was a sale and not a lease and that the debtor is entitled to return of...

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