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IN RE GOLDBLATT BROS., INC.

Bankruptcy No. 81 B 7075, Adv. No. 81 A 2114.

61 B.R. 459 (1986)

In re GOLDBLATT BROS., INC., Debtor. The FIRESTONE TIRE & RUBBER COMPANY, Plaintiff, v. GOLDBLATT BROS., INC., Defendant.

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

As Corrected June 3, 1986.

Attorney(s) appearing for the Case

Lawrence P. Bemis, Susan J. McDunn, Kirkland & Ellis, Chicago, Ill., for plaintiff.

John W. Costello, Jeffrey R. Liebman, Francesca J. Robertson, Arvey, Hodes, Costello & Burman, Chicago, Ill., for debtor-defendant.

MEMORANDUM OPINION AND ORDER AS TO COUNT I

JACK B. SCHMETTERER, Bankruptcy Judge.

Plaintiff Firestone Tire & Rubber Company ("Firestone") sued debtor/defendant Goldblatt Bros., Inc. ("Goldblatt") in five counts for failure to remit Firestone's funds held by Goldblatt on the date of its bankruptcy filing:

Count I—Implied trust Count II—Fraud and constructive trust Count III—Agency Count IV—...

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