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IN RE BAY METRO GLASS CO., INC.

Bankruptcy No. 84-01873.

101 B.R. 50 (1989)

In re BAY METRO GLASS CO., INC., Debtor.

United States Bankruptcy Court, E.D. Wisconsin.

June 16, 1989.

Attorney(s) appearing for the Case

John A. Muraski, Green Bay, Wis., for Kellogg-Citizens Nat. Bank.

Leon E. Jensen, Appleton, Wis., trustee.

John W. Volletz, Green Bay, Wis., for debtor.

DECISION

DALE E. IHLENFELDT, Bankruptcy Judge.

The equitable doctrine of marshaling rests upon the principle that a creditor having two funds to satisfy a debt may not by the application of them to a demand, defeat another creditor, who may resort to only one of the funds. Meyer v. U.S., 375 U.S. 233, 236, 84 S.Ct. 318, 320, 11 L.Ed.2d 293 (1963). In this case, the trustee filed...

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