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IN RE MARCECA

Bankruptcy No. 90 B 20782, No. 91 ADV. 6068.

129 B.R. 369 (1991)

In re Robert K. MARCECA, Debtor. Barbara BALABER-STRAUSS, as Trustee for the Estate of Robert K. Marceca, Plaintiff, v. MARINE MIDLAND BANK, N.A., Defendant.

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

July 25, 1991.

Attorney(s) appearing for the Case

Thacher Proffitt & Wood, New York City, for trustee.

Lane & Mittendorf, New York City, for Marine Midland Bank, N.A.

DECISION ON MOTION FOR SUMMARY JUDGMENT AND DISMISSAL OF COUNTERCLAIM

HOWARD SCHWARTZBERG, Bankruptcy Judge.

The trustee in bankruptcy in this Chapter 7 case has moved to dismiss the counterclaim of defendant, Marine Midland Bank (N.A.) ("Marine"), as legally insufficient pursuant to Fed.R.Civ.P. 12(b)(6). Marine's counterclaim to the trustee's adversary action to set aside an alleged preferential transfer asserts that Marine obtained a judicial lien when...

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