IN RE BRANCH MOTOR EXP. CO.

Bankruptcy No. 84 B 11145, Adv. No. 85-5572A.

51 B.R. 146 (1985)

In re BRANCH MOTOR EXPRESS COMPANY, Debtor. SCHWARTZ & WEISS, P.C., Plaintiffs, v. BRANCH MOTOR EXPRESS COMPANY, Defendant.

United States Bankruptcy Court, S.D. New York.

July 17, 1985.


Attorney(s) appearing for the Case

Nitkin, Alkalay, Handler & Robbins Schwartz & Weiss, P.C. by Paul Robbins New York City, for plaintiff.

Stroock & Stroock & Lavan by Philip Pierce, New York City, for debtor.

Booth, Marcus & Pierce by Andrew DeNatale, New York City, for Creditors' Committee.


DECISION AND ORDER

HOWARD C. BUSCHMAN III, Bankruptcy Judge.

The plaintiff Schwartz & Weiss, P.C., ("Schwartz & Weiss") initiated this adversary proceeding to recover the sum of $14,867.19 which it alleges is being held in trust by Branch Motor Express ("Branch"). Branch denies that it is holding this sum in trust for plaintiff and moves to dismiss the claim pursuant to Federal Rule of Civil Procedure ("F...

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