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  5. 325 B.R. 851 (2005)
 

IN RE METROPOLITAN MORTG. & SECURITIES CO., INC.

Bankruptcy No. 04-00757-W11, Bankruptcy No. 04-00756-W1B, Adversary No. 04-00061-W11.

325 B.R. 851 (2005)

In re METROPOLITAN MORTGAGE & SECURITIES CO., INC., Debtor. In re Summit Securities, Inc., Debtor. Metropolitan Investment Securities, Inc., Debtor. Metropolitan Mortgage & Securities Co., Inc., Summit Securities, Inc., and Bruce Boyden, as Trustee for the Chapter 7 estate of Metropolitan Investment Securities, Inc., Plaintiffs, v. Keith Cauvel and Marjorie Cauvel, husband and wife, et al., Defendants.

United States Bankruptcy Court, E.D. Washington.

June 20, 2005.

Attorney(s) appearing for the Case

Bruce W Leaverton, Seattle, WA, James B. Stoetzer, Charles R. Ekberg, Julia A. Bahner, Lane Powell, PC, Seattle, WA, for Debtor Metropolitan Mortgage & Securities Co., Inc.

Mary Ellen Gaffney-Brown, Spokane, WA, for Debtor Metropolitan Investment Securities, Inc.

MEMORANDUM DECISION RE: PLAINTIFFS' AND INTERVENING PLAINTIFFS' MOTION FOR PRELIMINARY INJUNCTION

PATRICIA C. WILLIAMS, Bankruptcy Judge.

This controversy arises out of two conflicting legal philosophies; one found in insurance law and one found in bankruptcy law. When multiple claims exist against an insurance policy, the distribution scheme is based upon a race with the fleetest claimant winning the policy proceeds...

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