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MATTER OF COMPASS DEVELOPMENT, INC.

Bankruptcy No. 84-0409.

55 B.R. 260 (1985)

In the Matter of COMPASS DEVELOPMENT, INC., Debtor. CONSOLIDATED ENERGY CORP., Plaintiff, v. Nancy O'BRIEN, Edith O. O'Brien, Mae O'Brien, Doreen O'Brien, Rachel O'Brien Strickland, A.A. Strickland, Goldie O'Brien, Michael O'Brien, Melville O'Brien, Juanita O'Brien, Sharon O'Brien Stone, C.S. Stone, Patricia Douglass, D.B. Douglass, Rowland E. McNamee, Attorney In Fact for Bernice Greer, Bernice Heckler, D. Carl Heckler, Sara Nell, et al., Defendants.

United States Bankruptcy Court, D. New Jersey.

November 22, 1985.

Attorney(s) appearing for the Case

Citrino, Balsam, DiBiasi & Katchen by Barney K. Katchen, Nutley, N.J., Jeffrey Freireich, Secaucus, N.J., for Consol. Energy.

Sills, Beck, Cummis, Zuckerman, Radin, Tischman & Epstein, P.A., by Richard D. Trenk, Newark, N.J., for defendant Edith O'Brien and defendant heirs of Nancy O'Brien.

Meth, Nagel, Rice, Woehling & Bausch by Theodore Sager Meth, Westfield, N.J., for M & J Joint Venture and Key Oil Co.

OPINION

D. JOSEPH DeVITO, Bankruptcy Judge.

This adversary proceeding was brought on by the successor-in-interest of the debtor, pursuant to Bankruptcy Rule 7001, et seq. Having previously ruled on other matters relating hereto, this Court now addresses the defendants' cross-motion for summary judgment demanding that plaintiff's complaint be dismissed with prejudice and costs.

The defendants are all heirs of the late Nancy O'Brien, former...

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