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IN RE WEST COAST OPTICAL INSTRUMENTS, INC.

No. 89-853-CIV-T-15A. Bankruptcy No. 87-2574-8P1. Adv. No. 87-420.

177 B.R. 720 (1992)

In re WEST COAST OPTICAL INSTRUMENTS, INC. TOPCON INSTRUMENT CORP. OF AMERICA, Plaintiff-Appellant, v. WEST COAST OPTICAL INSTRUMENTS, INC., NCNB Financial Services, Jack L. Johnston, individually and as Trustee, and Roberta Johnston, Defendants-Appellees.

United States District Court, M.D. Florida, Tampa Division.

September 2, 1992.

Attorney(s) appearing for the Case

Don Mason Stichter, Stichter, Riedel, Blain & Prosser, P.A., Tampa, FL, for West Coast Optical Instruments, Inc.

Russell Seth Bogue, III, Holland & Knight, Tampa, FL, for NCNB Fin. Services.

Jeffrey W. Warren, Bush, Ross, Gardner, Warren & Rudy, P.A., Tampa, FL, for Jack L. Johnston.

ORDER

RONEY, Senior Circuit Judge.

Appellant Topcon Instrument Corporation of America appeals from a Bankruptcy Court order denying Topcon's request to require the marshaling of the fixed assets of debtor West Coast Optical Instruments, Inc. Because injury to unsecured creditors does not provide a basis for the denial for a marshaling request, the order of the Bankruptcy Court is reversed.

West Coast Optical Instruments, Inc. (debtor) filed its Chapter...

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