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IN RE NIVEN

Bankruptcy Nos. BK-82-01262, BK-82-01261, Adv. Nos. 82-0364, 82-0363.

32 B.R. 354 (1983)

In re Wayne NIVEN, Debtor, In re Jim NIX, Debtor, TRAVELERS EXPRESS CO., INC., Plaintiff, v. Wayne NIVEN, Defendant, Jim Nix, Defendant.

United States Bankruptcy Court, W.D. Oklahoma.

August 22, 1983.

Attorney(s) appearing for the Case

John L. Wolking, of Hammons, Wolking & Hammons, El Reno, Okl., for debtors/defendants.

James H. Bellingham, of McClelland, Collins, Bailey, Bailey & Manchester, Oklahoma City, Okl., for plaintiff.

MEMORANDUM OPINION AND ORDER

ROBERT L. BERRY, Bankruptcy Judge.

These cases, involving two separate debtors/defendants and a common plaintiff, have been consolidated owing to the identical nature of the complaint against the defendants. The essential facts are not in dispute.

On September 4, 1980, Plaintiff, Travelers Express Co., Inc. ("Travelers") and Old Place, Inc., entered into an agreement ("the Trust Agreement") for the purpose of Old Place...

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