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IN RE LEONARDO

Bankruptcy No. 79-24054, 80-2199A.

11 B.R. 453 (1981)

In re Eugene LEONARDO, dba Monroe Appliance Company, Debtor. WESTINGHOUSE CREDIT CORPORATION, Plaintiff, v. CENTRAL TRUST COMPANY ROCHESTER, N.Y., United States of America Small Business Administration, Richard P. Vullo, as Trustee in Bankruptcy of Eugene Leonardo and Eugene Leonardo, Defendants.

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

June 3, 1981.

Attorney(s) appearing for the Case

Woods, Oviatt, Gilman, Sturman & Clarke by Gary F. Amendola, Rochester, N.Y., for Central Trust Co.

Lacy, Katzen, Ryen & Mittleman by David MacKnight, Rochester, N.Y., for Westinghouse Credit Corp.

Rosemary G. Roberts, Asst. U.S. Atty., Rochester, N.Y., for Small Business Administration.

Maas, Weinstein, Hutchings & Vullo by Richard P. Vullo, Rochester, N.Y., Trustee for Eugene Leonardo.

Relin & Goldstein by Lloyd H. Relin, Rochester, N.Y., Atty., for Eugene Leonardo.

MEMORANDUM AND DECISION

EDWARD D. HAYES, Bankruptcy Judge.

In this matter, an action had been started by Westinghouse Credit Corporation seeking the marshalling of assets of the debtor. After a pretrial conference, the parties hereto have stipulated to the facts and submitted the case based upon those facts and their briefs. The matter is now ready for disposition.

The facts appear to be as follows. Central Trust Company, Westinghouse Credit Corporation...

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