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IN RE BUTCHER

Bankruptcy Nos. 3-83-01008, 3-83-01116, Adv. No. 3-86-0235.

79 B.R. 747 (1987)

In re C.H. BUTCHER, Jr., David A. Crabtree, also known as West Knoxville Investment Company, Inc., Debtors. James R. MARTIN, Trustee in Bankruptcy for C.H. Butcher, Jr. and D. Broward Craig, Trustee for David A. Crabtree, a/k/a West Knoxville Investment Company, Inc., Plaintiffs, v. UNION CHELSEA NATIONAL BANK and Mel Katz, a/k/a Melvin Katz and Gary F. Long, Defendants.

United States Bankruptcy Court, E.D. Tennessee.

September 30, 1987.

Attorney(s) appearing for the Case

Cadwalader, Wickersham & Taft, Mark C. Ellenberg, James F. Wallack, Washington, D.C., Walker & Walker, P.C., John A. Walker, Knoxville, Tenn., for plaintiff, D. Broward Craig, trustee.

Weinberger, Weinstock, Sagner, Stevan & Harris, P.A., Neal S. Melnick, Baltimore, Md., James R. Moore, Knoxville, Tenn., for plaintiff, James R. Martin, trustee.

Hahn & Hessen, Gilbert Backenroth, New York City, Hodges, Doughty & Carson, Thomas H. Dickenson, Knoxville, Tenn., for defendant, Union Chelsea National Bank.

Burns & Fox, John M. Burns, III, New York City, Bernstein, Susano & Stair, Doris C. Allen, Knoxville, Tenn., for defendant, Mel Katz.

Joseph J. Levitt, Knoxville, Tenn., for defendant, Gary Long.

MEMORANDUM AND ORDER ON PLAINTIFFS' JOINT MOTION TO DISMISS THE COUNTERCLAIM FILED BY MEL KATZ

RICHARD S. STAIR, Jr., Bankruptcy Judge.

On December 10, 1986, plaintiffs filed their complaint seeking the turnover of proceeds from certain United States Treasury notes, which they contend are property of the Butcher and/or Crabtree estates. On the same date, plaintiffs also filed their "Motion For Temporary Restraining Order And For Preliminary Injunction." Plaintiffs...

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