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IN RE MONTGOMERY

Bankruptcy No. 82-01897 T, Adv. No. 83-0997.

43 B.R. 87 (1984)

In re Robert C. MONTGOMERY and Marianne M. Montgomery, Debtors. Robert C. MONTGOMERY, Marianne M. Montgomery and Frederick L. Reigle, Chapter 13 Trustee, Plaintiffs, v. HAMILTON BANK, and Trifon N. Skiadas, Nondas N. Skiadas, George N. Skiadas, Peter N. Skiadas, and Harry Keares, co-partners, trading as Skiadas Bros. Enterprises, Defendants.

United States Bankruptcy Court, E.D. Pennsylvania.

October 2, 1984.

Attorney(s) appearing for the Case

Jacques Geisenberger, Jr., Lancaster, Pa., for debtors.

Alexander Henderson, III, Lancaster, Pa., for Hamilton Bank.

Dale E. Lapp, Lancaster, Pa., for Skiadas Bros. Enterprises.

Frederick L. Reigle, Reading, Pa., Trustee.

MEMORANDUM OPINION

THOMAS M. TWARDOWSKI, Bankruptcy Judge.

The issue before us is whether the plaintiffs are entitled to a voluntary dismissal of this adversary proceeding pursuant to Bankruptcy Rule 7041. For the reasons hereinafter given, we shall dismiss the adversary proceeding with prejudice and in accordance with other terms.1

The plaintiffs' complaint, which initiated this adversary proceeding, essentially claims...

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