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IN RE TREMONT CORP.

Bankruptcy No. 89-12201 K, Adv. No. 91-1341 K.

143 B.R. 989 (1992)

In re TREMONT CORPORATION, Debtor. Douglas MARKY, as Trustee of Tremont Corporation, Plaintiff, v. NORSTAR BANK, NATIONAL ASSOCIATION, Defendant.

United States Bankruptcy Court, W.D. New York.

August 26, 1992.

Attorney(s) appearing for the Case

Daniel F. Brown, William F. Savino, Damon & Morey, Buffalo, N.Y., for plaintiff.

Janet G. Burhyte, Jaeckle, Fleischmann & Mugel, Buffalo, N.Y., for defendant.

MICHAEL J. KAPLAN, Bankruptcy Judge.

Never step over one duty to perform another.

An English proverb.

The defendant in this adversary proceeding believes that the plaintiff Trustee and his counsel, in their zeal to perform their duty to preserve any causes of action that might be property of the estate, neglected their F.R.Civ.P. 11 ("Rule 11") and Bankruptcy Rule 9011 duty to conduct a "reasonable inquiry" and determine that the...

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