District Court, District of Columbia September 10, 1986, Bankruptcy No. 81-00617, Adv. Nos. 84-0090, 84-0092, 84-0097, 84-0100, 84-0101, 84-0104, 84-0105 and 84-0194 (Perlstein v. Lambert Coal Co. (In Re AOV Industries, Inc.))

MEMORANDUM OPINION

MARTIN V.B. BOSTETTER, Jr., Chief Judge, sitting by designation.

In this case we are confronted with cross-motions for summary judgment.

1

For the reasons set forth below we find that the Disbursing Agent is not entitled to summary judgment because the defendants have raised a material issue of fact concerning Alla-Ohio’s possible lack of an “interest” in the letters of credit