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IN RE ROBERT T. NOEL COAL, INC.

Bankruptcy No. 84-0285, Motion Nos. 86-3434, 86-3326.

97 B.R. 254 (1989)

In re ROBERT T. NOEL COAL, INC., Debtor. ROBERT T. NOEL COAL, INC., Plaintiff, v. LAUREL NATIONAL BANK, Defendant.

United States Bankruptcy Court, W.D. Pennsylvania.

March 17, 1989.

Attorney(s) appearing for the Case

Joseph Colavecchi, Colavecchi & Ryan, Clearfield, Pa., for debtor/plaintiff.

Blair V. Pawlowski, Pawlowski And Tulowitzki, Ebensberg, Pa., for defendant.

Stephen I. Goldring, Asst. U.S. trustee, U.S. Dept. of Justice, Pittsburgh, Pa.

MEMORANDUM OPINION

BERNARD MARKOVITZ, Bankruptcy Judge.

Before the Court are cross motions for Summary Judgment filed on behalf of Robert T. Noel Coal, Inc. ("Noel" or "Debtor") and Laurel National Bank ("Laurel"). The issue to be decided is which party is entitled to the proceeds from a public sale of equipment which was held in the Bankruptcy Court on September 5, 1985.

This question first came to the Court's attention at a hearing on August 8...

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