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IN RE TREADWAY

Bankruptcy No. 88-00003, Adv. No. 89-00051A.

117 B.R. 76 (1990)

In re Wade I. TREADWAY, Debtor. Wade I. TREADWAY, Plaintiff, v. UNITED BANK & TRUST COMPANY, as Trustee of the Morton C. and Faith I. Treadway Trust, and Wade I. Treadway, Defendants.

United States Bankruptcy Court, D. Vermont.

March 29, 1990.

Attorney(s) appearing for the Case

P. Hanlon, Montpelier, Vt., for United Bank and Trust Co., Hartford, Conn., as Trustee for the Morton C. and Faith I. Treadway Trust (Trust).

J. Sensenich, J. Meyers, P.C., White River Junction, Vt., for Wade I. Treadway, defendant (debtor).

MEMORANDUM OF DECISION ON MOTION TO DISMISS

FRANCIS G. CONRAD, Bankruptcy Judge.

This proceeding1 arises, like the ancient Egyptian Phoenix from its ashes, out of an adversary proceeding (Treadway I) brought by Debtor's Chapter 7 trustee. Instead of landing in Bankruptcy's nest, this proceeding flies to another jurisdiction.

In Treadway I we denied the Chapter 7 trustee's requested declaratory judgment and...

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