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IN RE DENMAN & CO.

Bankruptcy No. SA 92-12665 JR. Adv. No. SA 94-01292 JR.

186 B.R. 707 (1995)

In re DENMAN & CO., Debtor. Ronald DURKIN, Chapter 7 Trustee of Denman & Co., Plaintiff, v. PIPER TRUST COMPANY, a Minnesota Trust company, f/k/a "Piper Jaffray Trust Company", Defendant.

United States Bankruptcy Court, C.D. California.

September 11, 1995.

Attorney(s) appearing for the Case

Ira D. Kharasch of Pachulski, Stang, Ziehl & Young, Los Angeles, CA, for plaintiff.

Clarisse W.J. Young of Paul, Hastings, Janofsky & Walker, Los Angeles, CA, for defendant.

MEMORANDUM OPINION

JOHN E. RYAN, Bankruptcy Judge.

On October 1, 1990, Piper Trust Company ("Piper") entered into an agreement with Denman & Co. ("Debtor") whereby Debtor would administer the assets of the Denman Commingled Bond Fund (the "Denman Fund"). On October 22, 1990, Piper entered into a trust agreement (the "Trust Agreement") with the State of Florida ("Florida"). Pursuant to Florida's directions, Piper invested $100,000,000 (the "Florida Assets...

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