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IN RE SIMS BROS. BUILDERS, INC.

Bankruptcy No. 2-79-03040, Adv. No. 2-83-0005.

35 B.R. 149 (1983)

In re SIMS BROTHERS BUILDERS, INC., Debtor. Floyd C. MILLHONE, Trustee, Plaintiff, v. SWAN LUMBER COMPANY, et al., Defendants.

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

June 13, 1983.

Attorney(s) appearing for the Case

James H. McCauley, Belpre, Ohio, for Floyd C. Millhone, Trustee.

Matthew Yackshaw, Washington, D.C., Albert R. Ritcher, Columbus, Ohio, for the U.S.

James S. Huggins, Ashland, Ohio, for Swan Lumber Co. and Crescent Supply Co.

Paul G. Bertram, Jr., Marietta, Ohio, for Albert J. Lang.

Donald L. Jones, Akron, Ohio, for Tornes Elec. and Meeks Rental, Inc.

Roger F. Redmond, Marietta, Ohio, for Specialty Bldg. Products, Inc.

FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER OF DISMISSAL

G.L. PETTIGREW, Bankruptcy Judge.

Facts

This adversary proceeding arises out of a Chapter 11 case filed by the debtor, Sims Brothers Builders, Inc., on October 19, 1979. Approximately six months later, on April 24, 1980, the plaintiff-trustee, Floyd Millhone, was appointed, pursuant to 11 U.S.C. § 1104. Almost three years after his appointment, the trustee brought this adversary...

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