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IN RE WHITE BEAUTY VIEW, INC.

Bankruptcy Nos. 5-83-00543, 5-83-00544, Adv. No. 5-86-0063.

81 B.R. 290 (1988)

In re WHITE BEAUTY VIEW, INC. Guccini, Inc., Debtors. NORTHEASTERN BANK OF PENNSYLVANIA, and Samco, Inc., Plaintiffs, v. George E. CLARK, Jr., Trustee; U.S. Department of Treasury Internal Revenue Service; Commonwealth of Penna., Department of Revenue; Commonwealth of Penna., Department of Labor; Raymond C. Carrick, II; Roche Supply, Inc.; Gumble Brothers, Inc.; Hawley Bank; Wayne County Bank and Trust Co.; Amerigas, Inc. and First State Bank, Defendants.

United States Bankruptcy Court, M.D. Pennsylvania.

January 21, 1988.

Attorney(s) appearing for the Case

Stephen G. Bresset, Honesdale, Pa., for White Beauty View.

Jeffrey S. Treat, Honesdale, Pa., for Guccini, Inc.

Stuart D. Gibson, U.S. Dept. of Justice, Tax Div., Washington, D.C., Stephen L. Brandwene, Collections Unit, Harrisburg, Pa., J. Dennis Faucher, Philadelphia, Pa., for Northeastern Bank and Samco, Inc.

Ronald M. Bugaj, Honesdale, Pa., for Gumble Bros., Inc.

Myles R. Wren, Scranton, Pa., for Hawley Bank.

Robert H. Knauss, Valley Forge, Pa., for Amerigas.

George E. Clark, Jr., McHale & Clark, Scranton, Pa., trustee of estate.

OPINION AND ORDER

THOMAS C. GIBBONS, Bankruptcy Judge:

The Trustee commenced this proceeding for summary judgment in an action to reform a mortgage and compel the transfer of property held by the Trustee. Additionally, Defendant Hawley Bank has entered a Motion to Dismiss the Complaint against the Trustee. For the reasons provided herein, we grant the Trustee's requested relief and deny the Motion for dismissal of the complaint entered by the Defendant Hawley...

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