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IN RE MILL STREET, INC.

Bankruptcy No. I-86-01099, Adv. No. I-86-0217.

71 B.R. 670 (1987)

In re MILL STREET, INC., a California corporation, dba Mill Street Building Supply, Debtor. MILL STREET, INC., Plaintiff, v. COMMERCIAL RECOVERY, INC., Defendant.

United States Bankruptcy Court, N.D. California.

March 24, 1987.

Attorney(s) appearing for the Case

Auerbach & Dauphin, Inc., San Francisco, Cal., for defendant.

Michael C. Fallon and Ray H. Olmstead, Santa Rosa, Cal., for plaintiff.

ORDER DENYING MOTION FOR SUMMARY JUDGMENT

ALAN JAROSLOVSKY, Bankruptcy Judge.

The facts in this matter are undisputed. Defendant COMMERCIAL RECOVERY, INC. ("CRI") is a licensed collection agency. On November 5, 1985, U.S. Plywood ("Plywood") assigned to CRI for collection its claim against the debtor. CRI proceeded to obtain a judgment and, on or about July 10, 1986, received $5,317.66 collected by execution upon the debtor's bank account. The debtor filed...

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