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ALLIED TECHNOLOGY, INC. v. R.B. BRUNEMANN & SONS

Adv. No. 3-82-0522, Bankruptcy No. 3-80-00669.

25 B.R. 484 (1982)

ALLIED TECHNOLOGY, INC., Unsecured Creditors' Committee on Behalf of Allied Technology, Inc., 1200 Talbott Tower, Dayton, Ohio 45402, Plaintiff, v. R.B. BRUNEMANN & SONS, INC., Successor in interest to Brunemann Realty Co., Inc., 11120 Kenwood Road, Cincinnati, Ohio 45242, Defendant. In the Matter of ALLIED TECHNOLOGY, INC. an Ohio Corporation, Debtor.

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

December 7, 1982.

Attorney(s) appearing for the Case

Peter J. Donahue, Dayton, Ohio, for debtor.

Dennis J. Patterson, Dayton, Ohio, for Creditors' Committee.

William A. Rogers, Jr. and Daniel T. Harman, Dayton, Ohio, for P.O.B., Inc.

Katherine Butts Warwick, Dayton, Ohio, for Allied Technology, Inc.

C. Francis Barrett, Cincinnati, Ohio, Attorneys for R.B. Brunemann & Sons, Inc.

DECISION AND ORDER

CHARLES A. ANDERSON, Bankruptcy Judge.

PRELIMINARY PROCEDURE

This matter is before the Court for consolidated consideration of Debtor-Lessee's Application for Assumption of Lease, the Unsecured Creditors' Committee's Application to subordinate any assumed obligations to the claims of unsecured creditors, and Defendant-Lessor's Motion to Dismiss a Complaint filed by Debtor alleging that Lessor violated the automatic stay of 11...

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