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IN RE CLEARY BROTHERS CONSTRUCTION CO., INC.

Bankruptcy No. 79-01390-BKC-TCB, Adv. No. 80-0189-BKC-TCB-A.

9 B.R. 40 (1980)

In re CLEARY BROTHERS CONSTRUCTION CO., INC., Debtor. GENERAL ELECTRIC CREDIT CORP., Plaintiff, v. CLEARY BROTHERS CONSTRUCTION CO., INC., et al., Defendants.

United States Bankruptcy Court, S.D. Florida.

October 23, 1980.

Attorney(s) appearing for the Case

James E. Foster, Fishback, Davis, Dominick & Bennett, Orlando, Fla., for Westinghouse Credit Corp.

Gregory B. Dickenson, Watterson & Dickenson, P.A., West Palm Beach, Fla., for Cleary Brothers Construction Co.

Edward A. Gross, Renick, Zwickel & Gross, Lake Worth, Fla., for Associates Capital Services Corp.

Charles H. Warwick, III, Warwick, Campbell & Hewitt, Palm Beach, Fla., Welbaum, Zook, Jones & Williams, Miami, Fla., for INA.

L. Louis Mrachek, Gunster, Yoakley, Criser & Stewart, Palm Beach, Fla., for W.L. Sly Machinery Co.

Daniel Lloyd Bakst, West Palm Beach, Fla., for C. Toppino & Sons.

Robert A. Freyer, Batchelor, Brodnax, Guthrie & Primm, Miami, Fla., for GECC.

Robert A. Freyer, Batchelor Brodnax, Guthrie Armstrong & Freyer, Miami, Fla., for G.E.C.C.

Paul Thibadeau, Palm Beach, Fla., for John B. Cleary.

Ira Gropper, Miami, Fla. for IRS.

MEMORANDUM DECISION

THOMAS C. BRITTON, Bankruptcy Judge.

Plaintiff, a secured creditor, seeks judgment for $10,668 presently held by the Examiner in this chapter 11 case (C.P. No. 1). The four defendants have answered, all but one opposing plaintiff's claim (C.P. Nos. 5, 6, 7 and 9). The matter was tried on October 7.

The facts are simple and undisputed. The money represents rent paid for the use of a crane for ten days during February 1980. The...

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