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IN RE SMITH

Bankruptcy No. B88-1019, Adv. No. B88-0255.

103 B.R. 882 (1989)

In re Russell Hugh SMITH, et al., Debtors. Harvey S. MORRISON, Trustee, Plaintiff, v. Thomas S. ROULSTON, et al., Defendants.

United States Bankruptcy Court, N.D. Ohio, E.D.

August 11, 1989.

Attorney(s) appearing for the Case

Harvey S. Morrison, Cleveland, Ohio, for plaintiff.

Kevin T. Duffy, Baker & Hostetler, Cleveland, Ohio, for defendants T. Roulston, M. Wipper, J.R. Rukosky, and Roulston & Co., Inc.

Mary Ann Rabin, Cleveland, Ohio, for defendant/debtor.

Stephen M. Darlington, Stephen M. Bales, Ziegler, Metzger & Miller, Cleveland, Ohio, for defendant Nat. City Bank.

MEMORANDUM OF OPINION AND ORDER

RANDOLPH BAXTER, Bankruptcy Judge.

The Chapter 7 Trustee, Harvey S. Morrison (Trustee) seeks the turnover of funds held by Russell H. Smith's (the Debtor) employer, Roulston and Company, Inc. (the Company). More specifically, the funds in question are funds which are credited to the Debtor's employee account under the Company's Profit Sharing Plan and Trust (the Plan). Upon the Trustee's motion for partial summary judgment...

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