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NORTHWEST ACCEPTANCE CORP. v. LANSDOWNE

Adv. No. 687-5179-W.

93 B.R. 243 (1988)

In re NORTHWEST ACCEPTANCE CORPORATION, an Oregon corporation, Plaintiff, v. Paul LANSDOWNE, Trustee of the Estate of McGrew Brothers Sawmill, Inc., Defendant.

United States Bankruptcy Court, D. Oregon.

October 13, 1988.

Attorney(s) appearing for the Case

Mark W. Perrin, Perrin, Gartland & Doyle, Eugene, Or., for defendant.

Albert N. Kennedy, Timothy J. Conway, Tonkon, Torp, Galen, Marmaduke & Booth, Portland, Or., for plaintiff.

MEMORANDUM OPINION

POLLY S. HIGDON, Bankruptcy Judge.

This matter is before the court upon cross-motions for summary judgment filed by the plaintiff, Northwest Acceptance Corporation (hereinafter, Northwest) and the defendant, Paul Lansdowne, the trustee. The proceeding was commenced when Northwest filed a complaint requesting the court to issue a declaratory judgment finding that funds that constitute the overfunded portion of the debtor's (hereinafter...

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