IN RE TRI-STATE MECHANICAL SERVICES, INC.

Bankruptcy No. 90-2783 JLC, Adv. No. 90-520(7).

141 B.R. 488 (1992)

In re TRI-STATE MECHANICAL SERVICES, INC., Debtor. DUTCH MILLER CHEVROLET, INC. and Dutch Miller Lincoln-Mercury of Huntington, Inc., Plaintiffs, v. TRI-STATE MECHANICAL SERVICES, INC., the First Huntington National Bank, Mellon Bank, N.A., and James A. Prostko, Defendants.

United States Bankruptcy Court, W.D. Pennsylvania.

June 18, 1992.


Attorney(s) appearing for the Case

Robert A. Galanter, and James A. Prostko, Phillips and Galanter, P.C., Pittsburgh, Pa., for trustee.

Cathy Ann Chromulak, Meyer, Darragh, Buckler, Bebenek, Eck & Hall, Pittsburgh, Pa., for Dutch Miller Chevrolet, Inc. and Dutch Miller Lincoln-Mercury of Huntington, Inc.

Chris Plybon, First Nat. Bank of Huntington, Huntington, W.Va., for First Nat. Bank of Huntington.

Jacqlyn D. Stein, Mellon Bank, N.A., Pittsburgh, Pa., for Mellon Bank, N.A.


MEMORANDUM OPINION

JOSEPH L. COSETTI, Chief Judge.

The matter before the court is an adversary proceeding for a permanent injunction filed by Dutch Miller Chevrolet, Inc. and Dutch Miller Lincoln-Mercury of Huntington, Inc. against James A. Prostko, Trustee, to prevent the Defendants from utilizing funds in a Reserve Account maintained at the First Huntington National Bank. For the reasons discussed below the request for a permanent injunction is denied...

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