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MATTER OF PETROF

Bankruptcy No. 84-946, Adv. No. 86-00081.

62 B.R. 696 (1986)

In the Matter of Joseph P. PETROF and Emery M. Petrof, t/d/b/a Petrof Contracting Company, Debtors. James R. WALSH, Esquire Trustee of the Bankruptcy Estate of Joseph P. Petrof and Emery M. Petrof, t/d/b/a Petrof Contracting Company, Plaintiff, v. UNITED STATES NATIONAL BANK IN JOHNSTOWN, a corporation, Defendant.

United States Bankruptcy Court, W.D. Pennsylvania.

July 29, 1986.

Attorney(s) appearing for the Case

James R. Walsh, Spence, Custer, Saylor, Wolfe & Rose, Johnstown, Pa., for plaintiff/trustee.

Gilbert E. Caroff, Johnstown, Pa., for defendant.

MEMORANDUM OPINION

BERNARD MARKOVITZ, Bankruptcy Judge.

Before the Court is the Trustee's Motion for Summary Judgment on his Complaint to Require Turnover of Estate Property. The issue has been briefed and a hearing held thereon. Based upon our analysis of these issues, the Trustee's Motion is denied.

FACTS

The Debtors in this case, operators of a coal-stripping business, executed a Demand Note to the United States National Bank in Johnstown...

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