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MATTER OF L.B. TRUCKING, INC.

Bankruptcy No. 83-438, Adv. No. 84-15.

90 B.R. 81 (1988)

In the Matter of L.B. TRUCKING, INC., Double D Farms, Inc., Dudley B. Durham, Jr. and Barbara L. Durham, Debtors. SOUTHERN STATES COOPERATIVE, INCORPORATED, t/a Southern States Middletown Service Cooperative, a corporation of the Commonwealth of Virginia, Plaintiff, v. TOWNSEND GRAIN AND FEED COMPANY, a corporation of the State of Delaware, et al., Defendants.

United States Bankruptcy Court, D. Delaware.

August 8, 1988.

Attorney(s) appearing for the Case

James L. Patton, Jr., Wilmington, Del., trustee, pro se.

James T. Vaughn, Jr., Dover, Del., for plaintiff.

Jeoffrey L. Burtch, Wilmington, Del., for Townsend Grain and Feed Co.

Thomas D. Runnels, Newark, Del., for debtors.

MEMORANDUM OPINION AND ORDER

HELEN S. BALICK, Bankruptcy Judge.

On the eve of trial, this court has been asked to determine whether a counterclaim is a core or non-core proceeding and, in any event, to grant partial summary judgment with respect to one count of that counterclaim. The present situation has grown out of two separate civil actions, one in state court and the other in bankruptcy court, which have become inextricably intertwined.

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