IN RE M. BLACKBURN MITCHELL INC.

Bankruptcy No. 590-05037-ASW. Adv. No. 92 5488.

164 B.R. 117 (1994)

In re M. BLACKBURN MITCHELL INCORPORATED, dba Mitchell Development, Debtor. John W. RICHARDSON, Trustee in Bankruptcy, Plaintiff, v. FEDERAL DEPOSIT INSURANCE CORPORATION, in its corporate capacity, Defendant.

United States Bankruptcy Court, N.D. California.

February 14, 1994.


Attorney(s) appearing for the Case

Christopher Alliotts (argued), Charles P. Maher, Michael A. Isaacs of Rosenblum, Parish & Isaacs, San Francisco, CA, for the trustee.

Scott D. Hughes (argued), Patricia M. Pechtel, Dennis V. Milner, Daphne Wells, FDIC Legal Div., San Jose, CA, for FDIC.


DECISION

ARTHUR S. WEISSBRODT, Bankruptcy Judge.

This matter comes before the Court on cross-motions for summary judgment. The plaintiff is John W. Richardson, Chapter 7 Trustee ("Trustee") in the bankruptcy case of M. Blackburn Mitchell, Incorporated, dba Mitchell Development ("Debtor"). The defendant is the Federal Deposit Insurance Corporation ("FDIC"), which is sued in its corporate capacity.

The issue before the Court is whether the Trustee...

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