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IN RE CUNNINGHAM

Bankruptcy No. 82-00674 M A, Adv. No. 82-0682 M.

33 B.R. 286 (1983)

In re Lee Curtis CUNNINGHAM and Jimmie Gereata Cunningham, Debtors. Allan ABBOTT, Plaintiff, v. Lee Curtis CUNNINGHAM, Jimmie Gereata Cunningham, Steve Mazer, trustee in bankruptcy, Albuquerque National Bank, CIT Corporation, Condor Leasing Corporation, Mergenthaler Linotype Company, Ozalid Corporation, Tele Hi-Fi Company, and World Wide Lease, Defendants.

United States Bankruptcy Court, D. New Mexico.

September 19, 1983.

Attorney(s) appearing for the Case

Mark J. Riley, Albuquerque, for plaintiff.

Louis Vener, Albuquerque, N.M., for debtors.

Steve H. Mazer, Albuquerque, N.M., for defendant Trustee.

Ruth M. Schifani, Albuquerque, N.M., for defendant Albuquerque Nat. Bank.

William J. Arland, III, Albuquerque, N.M., for defendant Condor Leasing.

MEMORANDUM OPINION

MARK B. McFEELEY, Bankruptcy Judge.

This matter came before the Court on December 14, 1982, for a hearing on plaintiff's Request for Relief from Automatic Stay and Other Remedies. The Court has previously ruled on the other counts but reserved ruling on the plaintiff's claims involving unjust enrichment.

The facts are as follows. Defendant debtor Cunningham and plaintiff maintained a month-to-month lease on property. The debtor...

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