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IN RE SLACK

Bankruptcy No. 87-00356. Adv. No. 92-70224A.

164 B.R. 19 (1994)

In re Gary SLACK, Susan Slack, d/b/a Gary's Riverside Diner, Debtors. Gary and Susan SLACK, Plaintiffs, v. The SAINT PAUL/SEABOARD SURETY COMPANY and Allan J. Bentkofsky, Defendants.

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

February 4, 1994.

Attorney(s) appearing for the Case

Teresa A. White, Hauppauge, NY, for plaintiffs.

MacKenzie, Smith, Lewis, Mitchell & Hughes, Syracuse, NY, for defendants; Kevin J. O'Brien, of counsel.

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

STEPHEN D. GERLING, Bankruptcy Judge.

Presently before the Court is a motion by The St. Paul/Seaboard Surety Company and Allan J. Bentkofsky ("Defendants") for summary judgment, dismissing the complaint filed in this adversary proceeding by Gary and Susan Slack, d/b/a Gary's Riverside Diner ("Debtors") on the basis that the Debtors lack standing to sue the case trustee, as well as the surety...

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