IN RE SMITH

Bankruptcy No. 01-72622. Adversary No. 02-7163.

302 B.R. 870 (2003)

In re Donald SMITH, Debtor. Mariann Pogge, Trustee, Plaintiff, v. Drennan Joint Venture, et al., Defendants.

United States Bankruptcy Court, C.D. Illinois.

December 11, 2003.


Attorney(s) appearing for the Case

Mariann Pogge, Springfield, IL, trustee.

John S. Narmont, Springfield, IL, for debtor.

James W. Bruner, Elizabeth L. Collins, Bernard G. Segatto, John L. Swartz, Springfield, IL, for creditor.


OPINION

LARRY L. LESSEN, Bankruptcy Judge.

This proceeding is before the Court on the Trustee's Motion for Summary Judgment on Counts XVII, XVIII, and XXVIII, the Defendant's Response, the Trustee's Motion to Strike Portions of Defendant's Response, and the Motion for Leave to Withdraw Motion for Summary Judgment.

The central issue in this proceeding is whether there was a landlord/tenant relationship or a sharecropping relationship. At the time...

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