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MATTER OF LANDSCAPING SERVICES, INC.

Bankruptcy No. M-83-00038-5, Adv. Nos. M-83-0215-AP, M-83-0303-AP.

38 B.R. 21 (1983)

In the Matter of LANDSCAPING SERVICES, INC., ("LSI"), Debtor. LANDSCAPING SERVICES, INC., Plaintiff, v. Edward W. POOLE, Defendant. Edward W. POOLE, Plaintiff, v. Charles R. FISH, Individually, C.R. Fish Equipment Co., Inc., and Charles R. Fish, President, Landscaping Services, Inc., Defendants.

United States Bankruptcy Court, E.D. North Carolina.

October 19, 1983.

Attorney(s) appearing for the Case

Edward D. Gaskins, Jr., Raleigh, N.C., for Landscaping Services, Inc.

S. Allen Patterson, Raleigh, N.C., for Edward W. Poole.

Robert B. Schwentker, Raleigh, N.C., for Charles R. Fish, individually and as President of LSI, and C.R. Fish Equipment, Co., Inc.

MEMORANDUM OPINION

THOMAS M. MOORE, Bankruptcy Judge.

The two adversary proceedings referred to above were consolidated for trial by Order of this Court entered on July 20, 1983.

On October 11, 1983, a hearing was conducted on a Motion to Dismiss and a Motion for Summary Judgment filed by Mr. Edward W. Poole in Adversary Proceeding No. 83-0215-AP. At the hearing, a motion was made for summary judgment by Edward W. Poole against Charles R. Fish Equipment...

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