dissenting.
I believe the trustee in bankruptcy should be allowed to attempt to prove the claims asserted, including attempting to show that funds that should be available to the bankrupt’s estate were improperly diverted. Cf. Koch Refining v. Farmers Union Central Exchange, 831 F.2d 1339 (7th Cir.1987). While there are a lot of blanks and contingencies to be filled in, I do not believe the action was properly terminated by summary judgment.