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IN RE VERMONT TOY WORKS, INC.

Civ. A. No. 88-44.

135 B.R. 762 (1991)

In re VERMONT TOY WORKS, INC., Debtor. CHITTENDEN TRUST COMPANY, Plaintiff-Appellant, v. SEBERT LUMBER CO., Defendant-Appellee, and Joseph C. Palmisano, Esq., Trustee and Intervening Defendant-Appellee.

United States District Court, D. Vermont.

December 17, 1991.

Attorney(s) appearing for the Case

James B. Anderson, Ryan, Smith & Carbine, Ltd., Rutland, Vt., for plaintiff-appellant.

Timothy Martin, Carroll, George & Pratt, Rutland, Vt., for defendant-appellee.

Spencer R. Knapp, Dinse, Erdmann & Clapp, Burlington, Vt., for the Vermont Bankers' Ass'n., as amicus curiae, urging reversal.

OPINION

GAGLIARDI, Senior District Judge.

Chittenden Trust Company ("Chittenden") appeals the decision of the Honorable Francis Conrad, Bankruptcy Judge, dated December 23, 1987, concerning bankruptcy debtor Vermont Toy Works, Inc. ("Debtor"). See In re Vermont Toy Works, Inc., 82 B.R. 258 (Bankr.D.Vt.1987). In that decision the court applied the doctrine of marshaling of assets. Under the marshaling order, Chittenden...

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