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IN RE ENERGY CO-OP. INC.

Bankruptcy No. 81 B 05811, Adv. Nos. 82 A 2097, 82 A 1656.

32 B.R. 680 (1983)

In re ENERGY COOPERATIVE INC., Debtor. ENERGY COOPERATIVE INC., Plaintiff, v. MURPHY OIL COMPANY, Defendant. ENERGY COOPERATIVE, INC., Plaintiff, v. TESORO PETROLEUM CORPORATION, Defendant.

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

September 7, 1983.

Attorney(s) appearing for the Case

Allan Sweig, Nachman Munitz & Sweig Ltd., Chicago, Ill., for plaintiff.

Michael Rosenthal, Rosenthal & Assoc., Chicago, Ill., for Tesoro Petroleum Corp.

Joseph Kadison, Kamenear, Kadison & Anderson, Chicago, Ill., for Murphy Oil.

MEMORANDUM OPINION

FREDERICK J. HERTZ, Bankruptcy Judge.

I.

The issue presented in each case before this court involves the question of whether fractions of a day are to be considered under the set-off provisions of Section 553 of the Bankruptcy Code. 11 U.S.C. § 553 (Supp. V 1981). In that the same legal issue is presented in each instance, this court will consolidate the two cases to further judicial economy. Where there are relevant factual...

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