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IN RE EVANS

Adv. No. 1-84-0249, Related Case No. 1-84-02110.

51 B.R. 404 (1985)

In re Paul D. EVANS, SS #287-58-1668, Debtor. Michael J. WIETHE, Trustee, Plaintiff, v. Garry T. BRASCH and Otto Stephen Brasch, IV, Defendants.

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

As Amended September 9, 1985.

Attorney(s) appearing for the Case

John D. Holschuh, Jr., Cincinnati, Ohio, for defendants.

Michael J. Wiethe, Cincinnati, Ohio, for plaintiff.

Forest Heis, Cincinnati, Ohio, for debtor.

ORDER ON DEFENDANTS' MOTION TO DISMISS

BURTON PERLMAN, Bankruptcy Judge.

Plaintiff, trustee for the debtor, filed a complaint December 5, 1984 for specific performance of a real estate purchase contract. Plaintiff alleges that he assumed an executory contract for the purchase of real estate which had been entered into on August 25, 1984 by the debtor as seller, and the defendants, as buyers. The plaintiff further alleges that he was notified prior to the...

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