District Court, W.D. Virginia June 16, 1995, Civ. A. No. 95-00052-H (Marietta Radio Properties, Inc. v. Tschudy Communications Corp.)

MEMORANDUM OPINION

MICHAEL, District Judge.

This matter comes to this court on appeal from an order of the United States Bankruptcy Court for the Western District of Virginia, Harrisonburg Division, Judge Ross H. Krumm, granting appellee’s motion for summary judgment. For the reasons discussed below, this court vacates the grant of summary judgment and remands for trial.