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IN RE CRABTREE

Bankruptcy No. 3-83-01116, Adv. No. 3-85-1042.

55 B.R. 130 (1985)

In re David A. CRABTREE a/k/a West Knoxville Investment Company, Inc., Debtor. D. Broward CRAIG, Trustee of David A. Crabtree a/k/a West Knoxville Investment Company, Inc., Plaintiff, v. AIR BRAKE CONTROLS, INC. and Unknown John Does, Defendants.

United States Bankruptcy Court, E.D. Tennessee.

October 30, 1985.

Attorney(s) appearing for the Case

Cadwalader, Wickersham & Taft, Mark C. Ellenberg, Antoinette C. Emery, Washington, D.C., Walker & Walker, P.C., John A. Walker, Jr., Knoxville, Tenn., for plaintiff.

Straske, Farfante, Segall & Arcuri, Raymond C. Farfante, Jr., Tampa, Fla., Parrish & Mulrooney, P.C., Larry E. Parrish, Memphis, Tenn., for defendant Air Brake Controls, Inc.

MEMORANDUM ON MOTION TO DETERMINE WHETHER PROCEEDING IS A CORE PROCEEDING

CLIVE W. BARE, Bankruptcy Judge.

On June 3, 1985, seeking to enforce a promissory note, the trustee filed his "Complaint For Turnover Of Property Of The Estate." The trustee avers that defendant Air Brake Controls, Inc. is the payor of a promissory note, dated October 8, 1982, in the principal amount of $616,732.85. The original note is destroyed, lost or misplaced.

Denying liability...

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