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MATTER OF CONCORD STORAGE AND WAREHOUSE CO., INC.

Bankruptcy Nos. 3-82-01638, 3-82-01843.

40 B.R. 831 (1984)

In the Matter of The CONCORD STORAGE AND WAREHOUSE COMPANY, INC., Debtor. In re SCHEAR REALTY AND INVESTMENT COMPANY, INC., Debtor.

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

June 18, 1984.

Attorney(s) appearing for the Case

Thomas Scherer, Indianapolis, Ind., John M. Cloud, Dayton, Ohio, for debtors.

Arthur Schuh, Cincinnati, Ohio, for Nationwide Life Ins.

Thomas R. Noland, Dayton, Ohio, for Official Creditors' Committee.

Ira Rubin, Dayton, Ohio, Steven D. Huff, Milwaukee, Wis., for Multi-Empl. Pension Fund.

Jack Pigman, Columbus, Ohio, for Bank One.

Phillip E. Langer, Dayton, Ohio, for Scot Lad.

Raymond P. Cunningham, Raymond J. Pikna, Jr., Columbus, Ohio, for Malone & Hyde.

Wm. Patrick McGuinn, Asst. City Atty., Edward H. Siddens, Dayton, Ohio, for Gem Sav.

Jack Pickrel, Dayton, Ohio, for Aetna Life.

W. James Ollinger, Cleveland, Ohio, for Second Pension Plan.

DECISION

CHARLES A. ANDERSON, Bankruptcy Judge.

The debtors in these related but unconsolidated cases moved on 6 January, 1984 to dismiss the Chapter 11 case per 11 U.S.C. § 305. This matter was considered at numerous pretrial conferences with all interested parties and at a trial on June 5, 1984.

Based upon the evidence adduced, including the case record judicially noticed, the court makes the following findings.

Both debtors, the Schear...

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