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IN RE D-MART SERVICES, INC.

Bankruptcy Nos. 87C-06702, 87C-06734, Adv. Nos. 90PC-0524, 90PC-0551.

138 B.R. 985 (1992)

In re D-MART SERVICES, INC., dba Buy-It-Wholesale, Inc. and Estate Realty, Inc., dba Fiscus, Inc., Debtors. Duane H. GILLMAN, Trustee, Plaintiff, v. SWIRE PACIFIC HOLDINGS, INC., dba Coca-Cola Bottling Company of Salt Lake City, Inc., Defendant. Duane H. GILLMAN, Trustee, Plaintiff, v. SPRECKELS SUGAR COMPANY, INC., Defendant.

United States Bankruptcy Court, D. Utah.

April 7, 1992.

Attorney(s) appearing for the Case

Janet A. Goldstein, McDowell & Gillman, Salt Lake City, Utah, for trustee.

Robert B. Lochhead, Kimball, Parr, Waddoups, Brown & Gee, Salt Lake City, Utah, for Swire.

Mark F. James, Kimball, Parr, Waddoups, Brown & Gee, Salt Lake City, Utah, for Spreckels.

AMENDED MEMORANDUM OPINION AND ORDER

GLEN E. CLARK, Chief Judge.

The matters presently before the court involve the adversary proceedings styled Gillman v. Swire Pacific Holdings, Inc. (In re D-Mart Serv., Inc.), No. 90PC-0524, and Gillman v. Spreckels Sugar Co. (In re D-Mart Serv., Inc.), No. 90PC-0551. Both proceedings have been commenced by the Chapter 7 trustee, Duane H. Gillman, Esq. (trustee), in an attempt to recover certain monies pursuant...

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