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IN RE FRY BROS. CO.

Adv. No. 1-84-0216, Related Case No. 1-84-00791.

52 B.R. 169 (1985)

In re The FRY BROS. COMPANY, Debtor. The FRY BROS. COMPANY, by the OFFICIAL UNSECURED CREDITORS' COMMITTEE, Plaintiffs, v. VAN WATERS & ROGERS, A DIVISION OF UNIVAR CORPORATION, Defendants.

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

July 25, 1985.

Attorney(s) appearing for the Case

Richard Boydston, Strauss, Troy and Ruehlmann Co., L.P.A., Cincinnati, Ohio, for defendant Van Waters & Rogers, a Div. of Univar Corp.

Paul A. Nemann, Cohen, Todd, Kite and Stanford, Cincinnati, Ohio, for plaintiff Fry Bros. Co. by Official Committee of Unsecured Creditors.

Thomas C. Kilcoyne, Cohen, Todd, Kite and Stanford, Cincinnati, Ohio, for plaintiff.

George K. Fogg, Vorys, Sater, Seymour & Pease, Cincinnati, Ohio, for debtor.

DECISION ON MOTIONS FOR SUMMARY JUDGMENT BY PLAINTIFF AND DEFENDANT

BURTON PERLMAN, Bankruptcy Judge.

Plaintiff, standing in the shoes of debtor-in-possession, has brought this adversary proceeding praying for a declaration that defendant's lease is void. The first cause of action in plaintiff's complaint alleges that defendant's lease may be avoided by the plaintiff pursuant to 11 U.S.C. § 544(a)(3) and 11 U.S.C. § 1107. In the alternative, plaintiff...

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