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IN RE NISTLER

Bankruptcy No. 399-35720-TMB7. Adversary No. 00-3097-TMB.

259 B.R. 723 (2001)

In re Charles M. NISTLER and Jana L. Nistler, Debtors. Michael A. Grassmueck, Inc., Trustee, Plaintiff, v. Warner G. Nistler, Jr., Co-personal representative of the Estate of Werner G. Nistler, Joseph C. Nistler, Co-personal Representative of the Estate of Werner Nistler, John Doe 1, Trustee of the Werner G. Nistler Mineral Trust dated September 17, 1985; and John Doe 2, Trustee of the Werner G. Nistler and Louise E. Nistler Revocable Trust dated March 19, 1997, Defendants.

United States Bankruptcy Court, D. Oregon.

March 9, 2001.

Attorney(s) appearing for the Case

David Mills, Eugene, OR, for plaintiff.

Richard Parker, Portland, OR, for defendants.

MEMORANDUM OPINION

TRISH M. BROWN, Bankruptcy Judge.

This matter came on for oral argument before the court on December 14, 2000 on cross-motions for Summary Judgment. Plaintiff, Michael A. Grassmueck, Inc. was represented by David B. Mills, one of his attorneys and Defendants were represented by Richard J. Parker, one of their attorneys. For the reasons cited below, I find in favor of the Defendants.

FACTS

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