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IN RE SEXTON

Bankruptcy No. 93-41156-TR. Adv. No. 93-4659 AT.

166 B.R. 421 (1994)

In re James Swindell SEXTON, Jr., and Pauline Mary Sexton, Debtors. SOBEL BUILDING DEVELOPMENT PARTNERS, a California general partnership, Plaintiff, v. William H. BROACH, Defendant.

United States Bankruptcy Court, N.D. California.

April 19, 1994.

Attorney(s) appearing for the Case

Iain A. MacDonald, San Francisco, CA, for plaintiff.

Mark S. Bostick, Leslie A. Burton, Wendel, Rosen, Black, Dean & Levitan, Oakland, CA, for trustee.

MEMORANDUM OF DECISION

LESLIE TCHAIKOVSKY, Bankruptcy Judge.

Plaintiff Sobel Building Development Partners ("Sobel") seeks declaratory relief against William H. Broach (the "Trustee") declaring its right to a fund of $71,000 (the "Sale Proceeds") in the Trustee's possession. The Trustee moves to dismiss the complaint for failure to state a claim. For the reasons stated below, the motion is granted without prejudice. Although the two theories pleaded are...

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