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IN RE COUNCIL

Bankruptcy No. 2-89-06442, Adv. No. 2-89-0311.

122 B.R. 64 (1990)

In re Althea Marie COUNCIL, Debtor. Thomas C. SCOTT, Trustee, Plaintiff, v. Althea Marie COUNCIL, et al., Defendants.

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

September 5, 1990.

Attorney(s) appearing for the Case

Bonnie I. O'Neil, Thompson, Hine and Flory, Columbus, Ohio, for Thomas C. Scott, trustee.

Shawn H. Nau, Asst. Atty. Gen., Chief Counsel's Staff, Columbus, Ohio, for Ohio Public Employees Deferred Compensation Program.

Stephen E. Schafer, Columbus, Ohio, for debtor.

Charles M. Caldwell, Office of U.S. Trustee, Columbus, Ohio.

OPINION AND ORDER ON CROSS MOTIONS FOR SUMMARY JUDGMENT

BARBARA J. SELLERS, Bankruptcy Judge.

This matter is before the Court upon cross-motions for summary judgment filed by the plaintiff, Thomas C. Scott ("Trustee"), the duly appointed trustee in bankruptcy for Althea Marie Council ("Debtor"), the debtor herein, and by the defendant, Ohio Public Employees Deferred Compensation Program ("Program"). The Trustee seeks judgment on his complaint for turnover...

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