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IN RE LOMB

Bankruptcy No. 85-2158PGH, Motion No. 86-3779.

74 B.R. 711 (1987)

In re James J. LOMB t/a Fancy Foodstuffs, Debtor. PITTSBURGH NATIONAL BANK, a National Banking Association, Movant v. James J. LOMB t/a Fancy Foodstuffs, Debtor and Joseph J. Bernstein, Esq., Trustee, Respondents.

United States Bankruptcy Court, W.D. Pennsylvania.

June 23, 1987.

Attorney(s) appearing for the Case

Joel M. Helmrich, Pittsburgh, Pa., for Pittsburgh Nat. Bank.

Neil Siegel, Pittsburgh, Pa., for trustee.

MEMORANDUM AND ORDER

WARREN W. BENTZ, Bankruptcy Judge.

This 23 day of June, 1987, upon the trustee's request to apply the doctrine of marshalling against Pittsburgh National Bank in the above-captioned matter, after notice, hearings and consideration of the parties' briefs, there being no genuine issue as to any material fact, the legal issues being as follows:

(1) Whether a chapter 7 trustee may invoke the doctrine of marshalling against a secured...

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