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IN RE RAPCO FOAM, INC.

Bankruptcy Nos. 81-01082, C-81-0481.

22 B.R. 637 (1982)

In re RAPCO FOAM, INC., Debtor. Paul W. WEICHENTHAL, Plaintiff, v. RAPPERSWILL CORPORATION, Rapco Foam, Inc., Rapco Chemical, Inc., Reynolds Foam Insulation, Inc., and Isoschaum Foam Company, Ltd., Defendants. Paul W. WEICHENTHAL, Plaintiff, v. SCIENTIFIC APPLICATIONS, INC. and R. Keene Christopher, Defendants. FOREMOST INSURANCE COMPANY, Plaintiff, v. RAPCO FOAM, INC., Illinois Employers Insurance of Wassau, Admiral Insurance Company and Paul Weichenthal, Defendants.

United States Bankruptcy Court, W.D. New York.

August 19, 1982.

Attorney(s) appearing for the Case

Louis S. Petrone, P.C., Utica, N.Y., for Scientific Applications.

Culley, Marks, Corbett, Tanenbaum, Reifsteck & Potter, Rochester, N.Y., for Illinois Employers.

Webster, Walz, Sullivan, Santoro & Clifford, Lamb, Webster, Walz, Donovan & Sullivan, Rochester, N.Y., for Foremost Ins.

Smith, Sovik, Kendrick, McAuliffe & Schwarzer, P.C., Syracuse, N.Y., for Rapperswill & Rapco Chemical.

Pheterson & Pheterson, Rochester, N.Y., for Paul Weichenthal.

Weidman, Williams, Jordan, Angeloff & Frank, Rochester, N.Y., for Reynolds Foam.

James DeVoy, Buffalo, N.Y., for Admiral Ins. Co.

MEMORANDUM AND DECISION

EDWARD D. HAYES, Bankruptcy Judge.

The plaintiff, Foremost Insurance Company (Foremost), seeks summary judgment in this declaratory judgment action, in which it wishes to disclaim coverage under a policy issued to a Chapter 7 debtor, Rapco Foam, Inc. (Rapco), for injuries alleged by Paul Weichenthal in a separate products liability and negligence action against the debtor. The defendants to the declaratory judgment action are the...

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