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IN RE MARBELLA AND CO. OF OHIO, INC.

Bankruptcy No. 1-90-0075, Adv. No. 90-0088.

141 B.R. 150 (1992)

In re MARBELLA AND COMPANY OF OHIO, INC., dba Wapak Truck Plaza. Bruce C. FRENCH, Trustee et al., Plaintiffs, v. The FIFTH THIRD BANK OF WESTERN OHIO, N.A., Defendant and Third Party Plaintiff, v. Harold T. PANCIERA, Jr., et al., Third Party Defendants.

United States Bankruptcy Court, N.D. Ohio, W.D.

May 7, 1992.

Attorney(s) appearing for the Case

Randy L. Reeves, Lima, Ohio, for the Millers.

Donna M. Weaver, Toledo, Ohio, Dennis P. Faller, Wapakoneta, Ohio, for the bank.

Diane French, Lima, Ohio, for Trustee.

OPINION AND ORDER PERMITTING PARTIAL SETOFF AND GRANTING JUDGMENT AGAINST DEFENDANT

WALTER J. KRASNIEWSKI, Bankruptcy Judge.

This matter is before the court upon plaintiff trustee's motion for summary judgment of the complaint to recover property, specifically cash deposits at, and a setoff by, defendant Fifth Third Bank of Ohio; plaintiffs/creditors Robert and Henrietta Miller's motion for summary judgment requesting that their security interest in the...

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