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IN RE CHURCHILL TECHNOLOGY INC.

Bankruptcy No. 96-15462 B. Adversary No. 98-1177 B.

236 B.R. 580 (1999)

In re CHURCHILL TECHNOLOGY INC., Debtor. Churchill Technology, Inc., Plaintiff, v. Wendy A. Cribari, Defendant.

United States Bankruptcy Court, W.D. New York.

July 13, 1999.

Attorney(s) appearing for the Case

Terry C. Burton, Buffalo, NY, for plaintiff.

Gross, Shuman (Robert J. Feldman, of counsel), Buffalo, NY, for defendant.

Solomon, Pearl, Blum & Quinn, LLP, Denver, CO, for defendant.

Hiscock & Barclay, LLP (Drew V. Tidwell, of counsel), Buffalo, NY, for creditors committee.

CARL L. BUCKI, Bankruptcy Judge.

Churchill Technology, Inc., the debtor herein, commenced this adversary proceeding under 11 U.S.C. § 543 to compel the turnover of shares of stock which the defendant, Wendy A. Cribari, allegedly holds as a custodian. Cribari has now moved to dismiss the complaint. On this motion, the determining consideration is her status as a custodian within the definition set forth in 11 U.S.C. § 101(11).

The debtor alleges that...

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