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IN RE PLESCIA

Bankruptcy No. MM-79-1372, Adv. No. 81-0370.

55 B.R. 831 (1985)

In re Anthony F. PLESCIA, Sr. and Johanna Plescia, d/b/a Frenchy's Supper Club, Debtors. MIDLAND INSURANCE COMPANY, Plaintiff, v. Anthony PLESCIA, Sr., and Johanna Plescia (now deceased) and represented by her Special Administrator, Anthony Plescia, Security Marine Bank of Madison, Randall Bank, First Wisconsin National Bank of Madison, A. Victoria Eherenman, Chapter 7 Trustee, Defendants. and John H. Crowther, Inc., Additional Defendant, and R.W. PLUMMER, Additional Defendant and Third-Party Plaintiff, v. CAPACITY MANAGERS INTERNATIONAL INCORPORATED, Third-Party Defendant.

United States Bankruptcy Court, W.D. Wisconsin, E.D. Wisconsin.

November 20, 1985.

Attorney(s) appearing for the Case

Richard J. Callaway, Callaway & Dunn, S.C., Madison, Wis., for debtor.

James C. Herrick, Paul W. Schwartzenbart, Brynelson, Herrick, Gehl & Bucaida, Madison, Wis., for Midland Insurance Co.

Richard E. Schmidt, Fellows, Piper & Schmidt, Milwaukee, Wis., for R.W. Plummer.

William A. Abbott, Bell, Metzner & Gierhart, S.C., Madison, Wis., for Crowther.

Frank A. Ross, Jr., Ross & Chatterton, Madison, Wis., for trustee.

Roy L. Prange, Jr., Ross & Stevens, S.C., Madison, Wis., for First Wisconsin Nat'l Bank of Madison.

David A. Geier, Voss, Nesson, Erbach & Voss, S.C., Madison, Wis., for Randall Bank.

Russell A. Eisenberg, Howard, Peterman, Eisenberg, Solochek & Nashban, S.C., Milwaukee, Wis., for Security Marine Bank.

DECISION

JAMES E. SHAPIRO, Bankruptcy Judge.

NATURE OF PROCEEDINGS

An interpleader adversary proceeding was commenced by Midland Insurance Company ("Midland") based upon 28 U.S.C. § 1332 and Rule 22 of the Federal Rules of Civil Procedure to determine:

1. Which, if any, of various-named defendants are entitled to insurance proceeds arising out of a total fire loss which occurred on July 13, 1980; and 2. Midland's right,...

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