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IN RE AMERICAN SOLAR KING

Bankruptcy No. 86-60527-FM, Adv. No. 92-6032-FM.

142 B.R. 772 (1992)

In re: AMERICAN SOLAR KING, Debtor. FAIRWAY INVESTMENTS TRUST, LTD. and the United States of America ex rel Fairway Investments Trust, Ltd., Plaintiffs, v. Stanley W. WRIGHT, Individually and as Trustee, and Fidelity and Deposit Company of Maryland, Defendants.

United States Bankruptcy Court, W.D. Texas, Austin Division.

June 2, 1992.

Attorney(s) appearing for the Case

Charles D. Olson, Kathleen M. French, Olson & Olson, L.L.P., Waco, Tex., for plaintiffs, Fairway Investments Trust, Ltd. and the U.S. ex rel. Fairway Investments Trust, Ltd.

Doug Young, Scanlan & Buckle, P.C., Austin, Tex., for defendants, Stanley W. Wright, individually and as trustee, and Fidelity and Deposit Co. of Maryland.

MEMORANDUM OPINION ON THE PLAINTIFFS' REQUEST FOR JURY TRIAL UNDER 28 U.S.C. § 1411(a)

FRANK R. MONROE, Bankruptcy Judge.

A hearing was held on May 20, 1992 on the Plaintiffs' request for a jury trial pursuant to 28 U.S.C. § 1411(a). Plaintiffs allege that Defendant Wright, while he was acting Chapter 7 Trustee in this case, breached his fiduciary obligations as Trustee regarding estate property upon which Plaintiff Fairway claims a lien. Plaintiffs...

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