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MATTER OF CAYWOOD MALL, INC.

Bankruptcy No. B-78-623.

3 B.R. 579 (1980)

In the Matter of CAYWOOD MALL, INC., Bankrupt. Stanley R. RUDIN, as Trustee of Caywood Mall, Inc., Plaintiff, v. PORTER-WRIGHT LUMBER CO., INC., Elmer J. Porter, Mary Porter, and Marine Midland Bank Southern, Defendants.

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

April 16, 1980.

Attorney(s) appearing for the Case

Lacy, Katzen, Jones & Ryen by Louis A. Ryen, Rochester, N.Y., for plaintiff.

Valent, Callanan & Morris by Henry Valent, Watkins Glen, N.Y., for Porter-Wright Lumber Co. Inc., Elmer J. Porter and Mary Porter, defendants.

Denton, Moseson & Keyser by Thomas W. Farstad, Elmira, N.Y., for Marine Midland Bank Southern, defendant.

MEMORANDUM AND DECISION

EDWARD D. HAYES, Bankruptcy Judge.

This is an action by the Trustee requiring the turnover of property to the Trustee for the benefit of the estate. Pretrials have been held and a stipulation of facts has been entered into between the Trustee and the principal defendant. The case has been settled between the Trustee and Marine Midland Bank Southern. The matter has been submitted for decision.

The facts stipulated to are as...

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