IN RE HOLYWELL CORP.

Bankruptcy Nos. 84-01590-BKC-SMW to 84-01594-BKC-SMW, Adv. No. 87-0255-BKC-SMW-A.

87 B.R. 712 (1988)

In re HOLYWELL CORPORATION, Miami Center Limited Partnership, Miami Center Corporation, Chopin Associates and Theodore B. Gould. Fred Stanton SMITH, as Liquidating Trustee of the Miami Center Liquidating Trust, Plaintiff, v. MIAMI CENTER JOINT VENTURE, Olympia & York Florida Equity Corp., O & Y Equity Corp., Theodore B. Gould and The Bank of New York, Defendants.

United States Bankruptcy Court, S.D. Florida.

June 7, 1988.


Attorney(s) appearing for the Case

Robert A. Mark, Stearns Weaver Miller Weissler Alhadeff & Sitterson, P.A., Miami, Fla., for debtor.

Theodore B. Gould, Charlottesville, Va., pro se.

Vance Salter, Coll Davidson Carter Smith Salter & Barkett, P.A., S. Harvey Ziegler, Miami, Fla., for Bank of New York.

Robert M. Musselman, New York City, John W. Kozyak, Miami, Fla., for Olympia & York Florida Equity Corp. and The Miami Center Joint Venture.

Herbert Stettin, Miami, Fla., for trustee.


FINDINGS OF FACT AND CONCLUSIONS OF LAW

SIDNEY M. WEAVER, Bankruptcy Judge.

THIS CAUSE came on before the Court upon the Complaint of the liquidating trustee of the Miami Center Liquidating Trust (the "trust") against the Miami Center Joint Venture (MCJV), Olympia & York Equity Corp. and Olympia & York Florida Equity Corp. (O & Y, collectively), Theodore B. Gould (Gould) and The Bank of New York (the "bank") in the nature of a declaratory decree...

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