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IN RE CASCADE INTERN., INC.

Bankruptcy No. 91-33703-BKC-RAM. Adv. No. 92-0086-BKC-RAM-A.

165 B.R. 321 (1994)

In re CASCADE INTERNATIONAL, INC., Debtor. Kenneth A. WELT, Chapter 11 Trustee for the estate of Cascade International, Inc., Plaintiff/Counter-Defendant, v. Lawrence MOSES, individually and d/b/a Pal Leasing Company, Defendant/Counter-Plaintiff/Cross-Plaintiff, v. Victor G. INCENDY, Fidelity Transfer Co., and Bernard H. Levy, Cross-Defendants.

United States Bankruptcy Court, S.D. Florida.

April 4, 1994.

Attorney(s) appearing for the Case

Lisa J. Chaiklin, Furr and Cohen, P.A., Boca Raton, FL, for Trustee.

Jeanne Baker, Baker & Moscowitz, Miami, FL, Daniel Bacine, Barrack, Rodos & Bacine, Philadelphia, PA, for Lawrence Moses.

MEMORANDUM OPINION

ROBERT A. MARK, Bankruptcy Judge.

THIS CAUSE came before the Court on the Trustee's Renewed Motion for Partial Summary Judgment on a Complaint for turnover of property to the estate pursuant to 11 U.S.C. § 542. The basis for the complaint, originally filed by Cascade International, Inc. ("Cascade") as debtor in possession on February 4, 1992,1 was that the defendant, Lawrence Moses ("Moses"), while...

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