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IN RE MILLER

Bankruptcy Nos. 81-02237, 81-02214, Adv. Nos. 83-0818, 83-0819.

50 B.R. 870 (1985)

In re Larry K. MILLER, Lucretia A. Miller, Debtors. The UNITED STATES of America, ex rel. The PEOPLES BANKING COMPANY, Plaintiffs. v. Quentin M. DERRYBERRY, II, Trustee, et al., Defendants.

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

July 12, 1985.

Attorney(s) appearing for the Case

Thomas D. Drake and William E. Clark, Peoples Banking Co., Findlay, Ohio, for movant.

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

H. Buswell Roberts, Jr., Toledo, Ohio, for Larry Miller.

Patterson W. Higgins, Findlay, Ohio, for Lucretia Miller.

Kenneth W. Sullivan, Richard G. Schultz, Chicago, Ill., and Steven L. Diller, Van Wert, Ohio, for trustee.

William H. Bracy, Mut. Ins. Co., Toledo, Ohio, for Auto-Owners.

OPINION AND ORDER

WALTER J. KRASNIEWSKI, Bankruptcy Judge.

This matter came on for trial upon the motion of the plaintiff, The Peoples Banking Company, McComb, Ohio (Peoples Bank) to remove Quentin M. Derryberry, II, as Trustee of the estates of Larry K. Miller and Lucretia A. Miller, and upon its adversary complaint seeking damages against the Trustee and his surety for alleged violation of duties under the Bankruptcy Code in the administration of the estates...

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