IN RE HARTLEY

Bankruptcy No. 81-01855, Adv. No. 82-1125.

36 B.R. 594 (1983)

In re James Ross HARTLEY, Sharon Lee Hartley, Debtors. The TOLEDO TRUST COMPANY, Plaintiff, v. Quentin M. DERRYBERRY, II, Trustee, Defendant.

United States Bankruptcy Court, N.D. Ohio, W.D.

December 15, 1983.


Attorney(s) appearing for the Case

Reginald S. Jackson, Jr., Toledo, Ohio, for plaintiff.

Quentin M. Derryberry, II, Wapakoneta, Ohio, trustee/defendant.

Melanie Rovner Cohen, Antonow & Fink, Chicago, Ill., William I. Kohn, South Bend, Ind., for trustee/defendant.


OPINION AND ORDER

WALTER J. KRASNIEWSKI, Bankruptcy Judge.

This matter is before the Court upon the motion of the Defendant/Trustee, Quentin M. Derryberry, II, to dismiss the complaint of The Toledo Trust Company for an injunction. Treating the Trustee's motion as a motion for summary judgment under Rule 56 Fed.R.Civ.P., the Court finds that there is no genuine issue of material fact and that the Trustee is entitled to judgment as a matter of law.

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