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IN RE HARTLEY

Bankruptcy No. 81-01855, Adv. No. 83-0838.

52 B.R. 679 (1985)

In re James Ross HARTLEY, Individually and dba Hartley Trucking, and Sharon Hartley, Debtors. The TOLEDO TRUST COMPANY Successor-in-Interest to The Peoples Bank, Carey, Ohio, Plaintiff, v. The PEOPLES BANKING COMPANY, Quentin M. Derryberry, II, Trustee, and Paul A. Burson, Defendants.

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

As Corrected September 10, 1985.

Attorney(s) appearing for the Case

Reginald S. Jackson, Steven Smith, Toledo, Ohio, for The Toledo Trust Co.

William E. Clark, Thomas Drake, Findlay, Ohio, for Peoples Bank of McComb.

Mark Kreitman, Mark E. Thomas, Chicago, Ill., for Trustee.

Quentin M. Derryberry, II, Wapakoneta, Ohio, trustee.

Russell E. Rakestraw, Findlay, Ohio, for Paul Burson.

OPINION AND ORDER

WALTER J. KRASNIEWSKI, Bankruptcy Judge.

This matter came on to be heard upon the complaint of The Toledo Trust Company (Toledo Trust) for declaratory judgment to determine the competing claims of defendants Paul A. Burson (Burson), Quentin M. Derryberry, II (Trustee) and The Peoples Banking Company, McComb, Ohio (McComb Bank) to a fund of $480,000.00 plus accumulated interest which are the proceeds from the sale by the Trustee of 6,000...

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