IN RE FLETCHER OIL CO., INC.

Bankruptcy No. 88-09679, Adv. No. 89-9081.

124 B.R. 501 (1990)

In re FLETCHER OIL CO., INC., Debtor. FLETCHER OIL CO., INC., Plaintiff, v. ELM LAWN CEMETERY COMPANY, a Michigan Corporation, Elm Lawn Cemetery Perpetual Care Fund, a Trust Fund, Frederick B. Fletcher, and Richard B. Fletcher, Trustees, Defendants.

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

August 16, 1990.


Attorney(s) appearing for the Case

D. Keith Birchler, Bay City, Mich., for plaintiff.

Michael C. Reinert, Saginaw, Mich., for defendants.


MEMORANDUM OPINION ON CROSS-MOTIONS FOR SUMMARY JUDGMENT

ARTHUR J. SPECTOR, Bankruptcy Judge.

Facts

The property which is the subject of this dispute was leased by Fletcher Oil Co., Inc.,1 the owner of record, to Second National Bank ("SNB") on August 5, 1977. The lease was for a 15-year term and included options for renewal. SNB built and occupies a branch office on the property. On August 2, 1982, the Debtor...

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