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IN RE BERKLEY MULTI-UNITS, INC.

Bankruptcy No. 85-0433-8P1, Adv. No. 89-023.

104 B.R. 452 (1989)

In re BERKLEY MULTI-UNITS, INC., Debtor. Robert E. VENNEY and Jeffrey W. Warren, as co-Trustees of Berkley Multi-Units, Inc., a Debtor-in-Possession, Plaintiffs, v. Roger W. ATWATER and Dorothy A. Atwater, et al., Defendants.

United States Bankruptcy Court, M.D. Florida, Tampa Division.

August 11, 1989.

Attorney(s) appearing for the Case

Jeffrey Warren, Tampa, Fla., for plaintiffs.

David H. Adams, Clark & Stant, P.C., Virginia Beach, Va., Roy J. Morgan, Orlando, Fla., for defendants.

ORDER ON MOTION FOR SUMMARY JUDGMENT

ALEXANDER L. PASKAY, Chief Judge.

THIS CAUSE came on for consideration upon Cross-Motions for Summary Judgment filed by T. Roy Jarrett (Defendant), and Robert E. Venney and Jeffrey W. Warren, as co-trustees (Plaintiffs). It is the contention of both parties that no material issues of fact exist as to the Defendant's claim that he holds a priority position in certain funds resulting from a sale of property of the Debtor...

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