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IN RE KIRBY

Bankruptcy Nos. 3-83-00051, 3-83-00059, Adv. No. 3-83-0456.

36 B.R. 133 (1983)

In re Carl J. KIRBY, a/k/a Carl Junius Kirby, a/k/a Carl J. Kirby d/b/a E-Z Sales & Rental, E-Z Mart & Deli and Kirby Outdoor Power, Debtor. In re LAKE WOODS RECREATIONAL CAMPGROUND, INC., formerly Lake Woods RV Park, Inc., Debtor. Leroy NEWLIN, Plaintiff, v. Carl J. KIRBY, a/k/a Carl Junius Kirby, a/k/a Carl J. Kirby, d/b/a Easy Sales and Rental, Easy Mart and Deli, and Kirby Outdoor Power; and Lakewoods Recreational Campground, Inc., Defendants.

United States Bankruptcy Court, E.D. Tennessee.

October 4, 1983.

Attorney(s) appearing for the Case

Kizer & Black, Christopher Ralls, Maryville, Tenn., for plaintiff.

Morrison, Morrison & Morrow, P.A., Thomas H. Dickenson, Knoxville, Tenn., for defendant Kirby.

Robertson, Williams, Ingram, Faulkner & Overbey, J. Douglas Overbey, Knoxville, Tenn., for Stephen Zachary, trustee in bankruptcy for defendant Lakewoods Recreational Campground, Inc.

Goddard & Gamble, Carl P. McDonald, Maryville, Tenn., for Leon Steinberg, trustee in bankruptcy for defendant Kirby.

MEMORANDUM ON MOTION PERTAINING TO PRE-TRIAL ORDER

CLIVE BARE, Bankruptcy Judge.

The question before the court involves the pre-trial order which the court requested the parties to prepare. According to plaintiff Newlin it is impossible to submit a pre-trial order conforming to the court's request until a determination is made respecting the forum in which plaintiff's materialman's action should proceed.

I

Carl J. Kirby filed his voluntary...

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