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IN RE HARTLEY

Bankruptcy No. 81-01855, Adv. No. 83-0838.

39 B.R. 281 (1984)

In re James Ross HARTLEY, Sharon Lee Hartley, Debtors. The TOLEDO TRUST COMPANY, Successor-in-Interest to The Peoples Bank, Carey, Ohio, Plaintiff, v. The PEOPLES BANKING COMPANY, et al., Defendants.

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

March 30, 1984.

Attorney(s) appearing for the Case

Reginald S. Jackson, Jr., Steven R. Smith, Toledo, Ohio, for plaintiff.

William E. Clark, Findlay, Ohio, for The Peoples Banking Co.

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

Melanie Rovner Cohen, Antonow & Fink, Chicago, Ill., for trustee/defendant.

Russell E. Rakestraw, Findlay, Ohio, for Paul A. Burson.

MEMORANDUM AND ORDER

WALTER J. KRASNIEWSKI, Bankruptcy Judge.

This matter is before the Court upon the motions of defendants Paul A. Burson and Quentin M. Derryberry, II to dismiss the complaint of The Toledo Trust Company for a declaratory judgment. Under the circumstances of this case, the Court finds that the motions are not well taken and should be denied.

FACTUAL BACKGROUND

The well-pled allegations in plaintiff's complaint reveal...

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