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IN RE KEMPNER

Civ. A. No. 93-26-JLL, Bankruptcy No. 91-660.

152 B.R. 37 (1993)

In re Robert K. KEMPNER, Debtor. COUNTY BANKING & TRUST COMPANY, Appellant, v. Robert K. KEMPNER, Appellee.

United States District Court, D. Delaware.

March 10, 1993.

Attorney(s) appearing for the Case

Thomas Doyle Runnels, Wilmington, DE, for appellant.

Doreen H. Becker, and Judith R. Reese, of Phillips, Goldman & Spence, P.A., Wilmington, DE, for appellee.

MEMORANDUM OPINION

LATCHUM, Senior District Judge.

I. INTRODUCTION:

Creditor County Banking and Trust Company (hereinafter "County" or "Appellant") appeals the Bankruptcy Court's denial of its motion to dismiss the Chapter 71 bankruptcy petition of debtor Robert K. Kempner. (Docket Item ["D.I."] 1, Bankruptcy Appeal Record No. 38.) The sole issue on appeal is whether the Bankruptcy Court was required...

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