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LIBERAL MARKET, INC. v. MALONE & HYDE, INC.

Bankruptcy No. 3-81-00305, Adv. Nos. 3-81-0379, 3-81-0401.

14 B.R. 685 (1981)

The LIBERAL MARKET, INC. by the Official Creditors' Committee, Plaintiff, v. MALONE & HYDE, INC. et al., Defendants. In the Matter of The LIBERAL MARKET, INC., Debtor.

United States Bankruptcy Court, S.D. Ohio, W.D.

October 7, 1981.

Attorney(s) appearing for the Case

Jay A. Rosenberg, Cincinnati, Ohio, for Official Creditors' Committee.

Bamberger & Feibleman, Indianapolis, Ind., for Liberal Market, Inc.

Peter Donahue, Dayton, Ohio, for debtor.

R.P. Cunningham, Columbus, Ohio, for plaintiff/defendant.

H. Andrew Sonneborn, Indianapolis, Ind., John Cloud, Dayton, Ohio, for Schear Group.

MEMORANDUM DECISION ON MOTIONS TO DISMISS

CHARLES A. ANDERSON, Bankruptcy Judge.

FACTS

The Liberal Market, Inc. filed a voluntary petition for reorganization under Chapter 11 of the Bankruptcy Code on 4 February 1981.

Upon "motion" filed on 2 March 1981 by Malone & Hyde, Inc., raising the question of adequate protection, and upon consent of the Debtor-in-Possession, the operation of the business was ordered terminated by order entered...

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