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IN RE RIVERFRONT FOOD AND BEVERAGE CORP.

Bankruptcy No. 81-02467(1), Adv. No. 81-0650(1).

29 B.R. 846 (1983)

In re RIVERFRONT FOOD AND BEVERAGE CORP., Debtor. Curtis L. MANN, Trustee, Plaintiff, v. ART BRITTON AUCTION SALES, LTD., Granite Sheet Metals, Works, Inc., United States of America Internal Revenue Service, Fehlig Brothers Box & Lumber Company and Valley Farm Dairy Company, Defendants.

United States Bankruptcy Court, E.D. Missouri, E.D.

April 21, 1983.

Attorney(s) appearing for the Case

Curtis L. Mann, Clayton, Mo., trustee-plaintiff.

A. Thomas DeWoskin, Clayton, Mo., for trustee.

W. Dudley McCarter, Clayton, Mo., for defendant Granite Sheet Metals Works, Inc.

Robert H. Batts, Webster Groves, Mo., for defendant, Art Britton.

Donald B. Kramer, St. Louis, Mo., for Fehlig Brothers Box & Lumber Co.

Joseph B. Moore, Asst. U.S. Atty., St. Louis, Mo., Ludwig H. Adams, Trial Atty., Tax Div., Dept. of Justice, Washington, D.C., for defendant, IRS.

W.G. Winkler, St. Louis, Mo., for Valley Farm Dairy Co.

MEMORANDUM OPINION

ROBERT E. BRAUER, Bankruptcy Judge.

The Plaintiff Trustee filed a Complaint in two counts to recover for the estate approximately $10,499.80, being the net proceeds from an auction sale of Debtor's inventory conducted on August 24, 1981, by Defendant Art Britton Auction Sales, Ltd. (Britton). The Debtor filed a voluntary petition under Chapter 7 of Title 11, United States Code, on October 20, 1981.

In Count I of his Complaint,...

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