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IN RE DAYTON TITLE AGENCY, INC.

Bankruptcy No. 99-35768. Adversary No. 99-3664.

292 B.R. 857 (2003)

In re DAYTON TITLE AGENCY, INC., Debtor-In-Possession. Dayton Title Agency, Inc., et al., Plaintiffs, v. The White Family Companies, Inc., et al., Defendants.

United States Bankruptcy Court, S.D. Ohio, Western Division at Dayton.

April 25, 2003.

Attorney(s) appearing for the Case

Sharyn J. Bennett, Robert B. Berner, Stephen K. Dankof, Donald F. Harker, III, John G. Jansing, Thomas R. Noland, Walter Reynolds, Charles D. Shook, Dayton, OH, David S. Cupps, Columbus, OH, Stewart H. Cupps, William B. Fecher, Jerome J. Metz, Jr., Cincinnati, OH, James P. Hickey, Jr., Oakwood, OH, Roger E. Luring, De Wayne Smith, Troy, MI, Ronald S. Pretekin, Dayton, OH, Frederick L. Ransier, III, Columbus, OH, for creditor.

Anne M. Frayne, Dayton, OH, for debtor.

WILLIAM A. CLARK, Bankruptcy Judge.

DECISION OF THE COURT, FOLLOWING REMAND, GRANTING PARTIAL SUMMARY JUDGMENT TO THE PARTIES AS FOLLOWS:

1) GRANTING SUMMARY JUDGMENT TO DEFENDANTS THE WHITE FAMILY COMPANIES, INC. AND NELSON WENRICK WITH RESPECT TO THE THIRD PARTY BENEFICIARY FUNDS OF $722,101.49 WHICH THE COURT CONCLUDES ARE NOT PROPERTY OF THE DEBTOR'S ESTATE; 2) DETERMINING THAT AN ISSUE OF FACT EXISTS REGARDING...

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