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IN RE SIGMUND LONDON, INC.

Bankruptcy No. 189-91283-352, Adv. No. 191-1303.

139 B.R. 765 (1992)

In re SIGMUND LONDON, INC., Debtor. Kenneth P. SILVERMAN, as Chapter 7 Trustee for the Estate of Sigmund London, Inc., Plaintiff, v. JOHNSON CONTROLS, INC. and United States of America, Department of Internal Revenue Service, Defendants.

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

May 8, 1992.

Attorney(s) appearing for the Case

Finkel, Goldstein, Berzow & Rosenbloom by Gary I. Selinger, New York City, for Chapter 7 Trustee.

Andrew J. Maloney, U.S. Atty., E.D.N.Y. by Shari L. Berlowitz, U.S. Dept. of Justice, Trial Atty., Tax Div., Washington, D.C., for defendants.

DECISION ON MOTION FOR SUMMARY JUDGMENT

MARVIN A. HOLLAND, Bankruptcy Judge:

Kenneth P. Silverman, the Chapter 7 trustee of the estate of Sigmund London, Inc., (hereinafter "Trustee"), filed a motion for a summary judgment pursuant to Fed. R.Civ.P. 56 as made applicable by Fed. R.Bankr.P. 7056 against the Internal Revenue Service (hereinafter "IRS") declaring that he is entitled to the sum of $27,000 owed by Johnson Controls to the Debtor and that was subject...

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