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IN RE BENNETT

Bankruptcy No. 91-03017, Adv. No. 92-60049A.

142 B.R. 616 (1992)

In re Donald R. BENNETT, Debtor. Donald R. BENNETT and Robert E. Littlefield, Jr., as Chapter 12 Trustee, Plaintiffs, v. GENOA AG CENTER, INC., Richard Sharp, Sandra Sharp, Douglas Van Benschoten and Marjorie Van Benschoten, Farm Credit of Western New York, ACA, Defendants.

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

June 18, 1992.

Attorney(s) appearing for the Case

Hinman, Howard & Kattell, Binghamton, N.Y., for debtor; M. Elizabeth Bradley, of counsel.

Williamson, Clune & Stevens, Ithaca, N.Y., for Genoa Ag Center, Inc., Richard Sharp, Sandra Sharp, Douglas Van Benschoten and Marjorie Van Benschoten; Robert J. Clune, of counsel.

Karpinski, Stapleton & Fandrich, P.C., Auburn, N.Y., for Farm Credit of Western New York, ACA; Mark H. Fandrich, of counsel.

MEMORANDUM-DECISION, FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER

STEPHEN D. GERLING, Bankruptcy Judge.

Presently before the Court in this adversary proceeding is the motion of Genoa Ag Center, Inc. and its principals (collectively "Genoa") for dismissal of the Ninth Cause of Action set forth in the Amended Complaint filed by Debtor Donald R. Bennett and the Chapter 12 Trustee (collectively the "Plaintiffs") as...

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