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IN RE MOTORCYCLE DEALERS SUPPLY, INC.

Bankruptcy No. 80-561-BK-J-GP, Adv. No. 80-289.

9 B.R. 333 (1981)

In re MOTORCYCLE DEALERS SUPPLY, INC., Debtor. SATURN AUTOMOTIVE, Plaintiff, v. Charles W. GRANT, Trustee, and Atlantic University Bank, Defendants.

United States Bankruptcy Court, M.D. Florida, Jacksonville Division.

February 26, 1981.

Attorney(s) appearing for the Case

Charles W. Grant, Jacksonville, Fla., trustee.

Joseph M. Glickstein, Jr., Jacksonville, Fla., for plaintiff.

Edward L. Kelly, Jacksonville, Fla., for defendants.

ORDER DENYING MOTION TO DISMISS

GEORGE L. PROCTOR, Bankruptcy Judge.

Plaintiff has brought this action for reclamation against the Trustee and a creditor which claims a security interest in the subject property. Plaintiff alleges that it sold certain merchandise to one Herbert B. Smith, d/b/a Herbie-2, who then subsequently fraudulently transferred the merchandise to the debtor.

The bank has filed a motion...

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