IN RE GATLINBURG MOTEL ENTERPRISES, LTD.

Bankruptcy No. 3-87-00708, Adv. No. 3-89-0032.

106 B.R. 492 (1989)

In re GATLINBURG MOTEL ENTERPRISES, LTD. d/b/a Glenstone Lodge, Debtor. John P. NEWTON, Jr., Trustee, Plaintiff, v. Marvin J. HERSKOWITZ, Trustee, Sevier County Bank, First American National Bank, and First National Bank of Oneida, Defendants.

United States Bankruptcy Court, E.D. Tennessee.

May 19, 1989.


Attorney(s) appearing for the Case

Gentry, Tipton, Kizer & Little, P.C., W. Morris Kizer, Knoxville, Tenn., for plaintiff.

Walker & Walker, P.C., John A. Walker, Jr., Knoxville, Tenn., for defendant, Marvin J. Herskowitz, trustee.

John H. Fowler, Sevierville, Tenn., for defendant, Sevier County Bank.

Bass, Berry & Sims, L. Wearen Hughes, Nashville, Tenn., for defendant, First American Nat. Bank.

Baker, Worthington, Crossley, Stansberry & Woolf, James A. McIntosh, Daniel J. Moore, Knoxville, Tenn., for defendant, First Nat. Bank of Oneida.


MEMORANDUM ON DEFENDANT MARVIN J. HERSKOWITZ'S MOTION FOR SUMMARY JUDGMENT

RICHARD S. STAIR, Jr., Bankruptcy Judge.

The court has before it a motion for summary judgment filed March 10, 1989, by the defendant Marvin J. Herskowitz, Trustee (Herskowitz). The plaintiff and defendants Sevier County Bank, First American National Bank, and First National Bank of Oneida have filed responses in opposition to Herskowitz's Motion.

The Chapter 7 trustee, through...

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