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IN RE T & T PARTS WAREHOUSE, INC.

Bankruptcy No. NG 83-02933, Adv. Proceeding No. 83-1513.

39 B.R. 399 (1984)

In re T & T PARTS WAREHOUSE, INC., Debtor. OMAHA NATIONAL BANK, a National Banking Association; Huntington National Bank, Dayton, Ohio, a National Banking Association; and Fort Wayne National Bank, a National Banking Association, Plaintiffs, v. T & T PARTS WAREHOUSE, INC., and Old Kent Bank and Trust Company, Defendants.

United States Bankruptcy Court, W.D. Michigan.

April 14, 1984.

Attorney(s) appearing for the Case

Warner, Norcross & Judd, Grand Rapids, Mich., for Old Kent Bank & Trust Co.

Law, Weathers & Richardson, Grand Rapids, Mich., for Omaha Nat. Bank.

Huff, Kreis, Enderle, Callander & Hudgins, Kalamazoo, Mich., for defendant, T & T Parts Warehouse, Inc.

Clary, Nantz, Wood, Hoffius Rankin & Cooper, Grand Rapids, Mich., for Huntington Nat. Bank of Dayton, Ohio.

Rhoades, McKee & Boer, Grand Rapids, Mich., for Fort Wayne Nat. Bank.

DeGroot, Triant, Conklin & Carpenter, P.C., Grand Rapids, Mich., for Creditors' Committee.

McShane & Bowie, Grand Rapids, Mich., for debtor.

Day, Sawdey, Flaggert & Porter, Grand Rapids, Mich., for Nat. Acceptance Corp. of America.

OPINION AND ORDER ON MOTION TO DISMISS AS TO OLD KENT BANK

DAVID E. NIMS, Jr., Bankruptcy Judge.

This adversary proceeding is brought by three banks to determine their interest in funds deposited in debtor's account in a fourth bank. The defendant bank, Old Kent Bank and Trust Company (Old Kent), of Grand Rapids, Michigan, filed a motion to dismiss.

The motion to dismiss is filed pursuant to Bankruptcy Rule 7012(b) and Fed.R.Civ.P. 12(b)(6).

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