Dutch Miller Chevrolet, Inc. v. Tri-State Mechanical Services, Inc. (In Re Tri-State Mechanical Services, Inc.)

MEMORANDUM OPINION

JOSEPH L. COSETTI, Chief Judge.

The matter before the court is an adversary proceeding for a permanent injunction filed by Dutch Miller Chevrolet, Inc. and Dutch Miller Lincoln-Mercury of Huntington, Inc. against James A. Prostko, Trustee, to prevent the Defendants from utilizing funds in a Reserve Account maintained at the First Huntington National Bank. For the reasons discussed below the request for a permanent injunction is denied, and judgment is entered in favor of the Trustee in the full amount of the Account.

I. FACTS

The plaintiffs, Dutch Miller Chevrolet, Inc. and…