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IN RE DeLUCA

Bankruptcy No. 95-11924-AM. Adv. No. 95-1181.

194 B.R. 65 (1996)

In re Robert and Marilyn DeLUCA, Debtors. Joel T. BROYHILL et al., Plaintiffs, v. Robert and Marilyn DeLUCA, Defendants.

United States Bankruptcy Court, E.D. Virginia, Alexandria Division.

January 2, 1996.

Attorney(s) appearing for the Case

Joseph S. Luchini, Hazel & Thomas, P.C., Falls Church, VA, for Joel T. Broyhill.

Eric J. Berghold, McCandlish & Lillard, Fairfax, VA, for Northern Virginia Realty, Inc. Profit Sharing Trust.

Harvey B. Cohen, Cohen, Gettings & Dunham, P.C., Arlington, VA, for Robert and Marilyn DeLuca.

Stanley M. Salus, Wickwire Gavin, P.C., Vienna, VA, Chapter 11 trustee.

Frank Bove, Attorney-Advisor, Office of the United States Trustee, Alexandria, VA.

MEMORANDUM OPINION

STEPHEN S. MITCHELL, Bankruptcy Judge.

In this action, the plaintiffs, Joel T. Broyhill and Northern Virginia Realty, Inc. Profit Sharing Trust seek a declaration that the defendants, Robert and Marilyn DeLuca, were properly removed as the managers of D & B Countryside, L.L.C., and that Joel T. Broyhill was properly appointed as the successor manager.1 A trial of the issues was held on September 15 and...

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