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MATTER OF WEST COAST OPTICAL INSTRUMENTS, INC.

Bankruptcy No. 87-2574-8B1, Adv. No. 87-420.

89 B.R. 198 (1988)

In the Matter of WEST COAST OPTICAL INSTRUMENTS, INC., Debtor. TOPCON INSTRUMENT CORPORATION OF AMERICA, Plaintiff, v. WEST COAST OPTICAL INSTRUMENTS, INC., NCNB Financial Services, Jack L. Johnston, individually, and as Trustee, and Roberta Johnston, Defendants.

United States Bankruptcy Court, M.D. Florida, Tampa Division.

June 15, 1988.

Attorney(s) appearing for the Case

Russell S. Bogue, III, Tampa, Fla., for NCNB Financial Services, defendant.

Edward M. Waller, Jr., John D. Emmanuel, Tampa, Fla., for Topcon Instrument Corp. of America, plaintiff.

Don M. Stichter, Tampa, Fla., for debtor/defendant West Coast Optical.

Jeffrey W. Warren, Tampa, Fla., for Jack L. and Roberta Johnston, defendants.

FINDINGS OF FACT, CONCLUSIONS OF LAW AND MEMORANDUM OPINION

THOMAS E. BAYNES, Jr., Bankruptcy Judge.

THE ABOVE-STYLED adversary proceeding came before this Court for final evidentiary hearing on December 31, 1987, at which time the parties submitted stipulated facts. Plaintiff, Topcon Instrument Corporation of America (Topcon), requests this Court to require Defendant, NCNB Financial Services (NCNB Financial), to marshall its collateral. The relevant facts...

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