IN RE G. PAOLETTI, INC.

Bankruptcy No. 95-46785 TS, Adversary No. 95-4883 AT.

205 B.R. 251 (1997)

In re G. PAOLETTI, INC., Debtor. DIESEL PERFORMANCE, INC., etc., et al., Plaintiffs, v. G. PAOLETTI CO., INC., etc., et al., Defendants. And Related Counter- And Cross-Claims.

United States Bankruptcy Court, N.D. California.

January 9, 1997.


Attorney(s) appearing for the Case

Charles E. Vose, Deputy City Attorney, for the City of Oakland.

Joseph K. Falzon, Goldberg, Stinnett, Meyers & Davis, San Francisco, CA, for Trustee, Richard Spear.


MEMORANDUM OF DECISION

(Oakland Summary Judgment Motion)

LESLIE TCHAIKOVSKY, Bankruptcy Judge.

Richard Spear (the "Trustee"), the chapter 7 trustee of the above-captioned bankruptcy estate, seeks authority to sell two partially completed fire trucks (the "Oakland Trucks") to Opperman and Sons ("Opperman") for $125,000 free and clear of all liens and interests. He also seeks a summary adjudication that the City of Oakland ("Oakland"), the party...

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