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IN RE D.C. EQUIPMENT, INC.

Bankruptcy No. HM 86-00049, Adv. No. 89-0035.

112 B.R. 855 (1990)

In re D.C. EQUIPMENT, INC., Debtor. D.C. EQUIPMENT, INC. and Dennis Dubey, Plaintiffs, v. PESHTIGO NATIONAL BANK, Roger Schultz, Osstyn, Bays, Ferns & Quinnell, Donald W. Bays, P.C., Donald W. Bays, Randolph Osstyn, and William Ferns, Defendants.

United States Bankruptcy Court, W.D. Michigan.

April 11, 1990.

Attorney(s) appearing for the Case

Vincent Petrucelli, Iron River, for plaintiffs D.C. Equipment and Dennis Dubey.

W. John Stenton, Sault Saint Marie, Mich., for defendants Osstyn, Bays, Ferns & Quinnell, P.C., Donald W. Bays, Randolph Osstyn, and William Ferns, Marquette, Mich.

OPINION ON DEFENDANTS' OSSTYN, BAYS, FERNS & QUINNELL, DONALD W. BAYS, P.C., DONALD W. BAYS, RANDOLPH OSSTYN AND WILLIAM FERNS' MOTION FOR SUMMARY JUDGMENT ON COUNT II OF PLAINTIFFS' FIRST AMENDED COMPLAINT

LAURENCE E. HOWARD, Bankruptcy Judge.

The debtor, D.C. Equipment ("D.C."), is involved in the retail sale and service of heavy equipment. Dennis Dubey ("Dubey") is the president and chairperson of the board of directors of the debtor corporation. In...

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