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IN RE ENERGY COOPERATIVE, INC.

Bankruptcy No. 81 B 5811, Adv. No. 81 A 3286.

17 B.R. 600 (1982)

In re ENERGY COOPERATIVE, INC., Debtor. ENERGY COOPERATIVE, INC., Plaintiff, and Continental Illinois National Bank and Trust Company of Chicago, individually and as agent for St. Louis Bank for Cooperatives, Seattle First National Bank, First National Bank of Minneapolis, First National Bank and Trust Company of Oklahoma City, Bank of Montreal (California), and the First National Bank of Boston, Intervening Plaintiff, v. FARMERS UNION CENTRAL EXCHANGE, INC., Farmers Petroleum Cooperative, Inc., FCX, Inc., Landmark, Inc., Land O'Lakes, Inc., Midland Cooperatives, Inc., MFA Oil Company and Tennessee Farmers Cooperative, Defendants.

United States Bankruptcy Court, N.D. Illinois, E.D.

February 1, 1982.

Attorney(s) appearing for the Case

Allan G. Sweig of Nachman, Munitz & Sweig, Chicago, Ill., for plaintiff Energy Cooperative, Inc.

Milton L. Fisher of Mayer, Brown & Platt, Chicago, Ill., for intervening plaintiffs.

H. Blair White of Sidley & Austin, Chicago, Ill., for defendants.

MEMORANDUM OPINION

FREDERICK J. HERTZ, Bankruptcy Judge.

This cause comes to be heard on two motions. Defendant's motion to dismiss and plaintiffs' motion for summary judgment. Briefs by all parties on both motions, as well as affidavits in support of, and in opposition to, the motion for summary judgment were submitted.

Defendants move to dismiss on two grounds. The first ground for dismissal urged by defendants is that the jurisdictional grant...

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