First National Bank of Butler v. Nitsche (In Re Nitsche)

FINAL JUDGMENT OF DISMISSAL OF THE COUNTERCLAIM OF THE DEFENDANTS NITSCHE AGAINST THE PLAINTIFF FIRST NATIONAL BANK OF BUTLER

DENNIS J. STEWART, Bankruptcy Judge.

The claim of the plaintiff in this action has previously been resolved by the entry of an order on March 26, 1981, granting the complaint for relief from the automatic stay. Now before the court for resolution on a motion for summary judgment of dismissal is the counterclaim of the defendants Nitsche against the plaintiff.

Count I of the counterclaim is to the effect that, on March 29, 1977, Myrle L. Nitsche and R. Clydene Nitsche…