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MATTER OF GEX KENTUCKY, INC.

Bankruptcy No. 686-00506, Adv. No. 687-0056.

85 B.R. 431 (1987)

In the Matter of GEX KENTUCKY, INC., Debtor, GEX KENTUCKY, INC., Plaintiff, v. WOLF CREEK COLLIERIES COMPANY, et al., Defendants.

United States Bankruptcy Court, N.D. Ohio.

September 21, 1987.

Attorney(s) appearing for the Case

Thomas Hildebrandt, and Jeffrey Baddeley of Squire, Sanders & Dempsey, Cleveland, Ohio, for GEX Kentucky, Inc.

John Reyes, and Karen Doty of Buckingham, Doolittle & Burroughs Co., L.P.A., Akron, Ohio, for Edwin Wilson, June Marsh Wilson, Rees Cecil Chapman and Dorothy Wilson Chapman.

MEMORANDUM OF DECISION

JAMES H. WILLIAMS, Chief Judge.

This matter comes before the court on a Motion to Dismiss filed on behalf of defendants Edwin Wilson, June Marsh Wilson, Rees Cecil Chapman and Dorothy Wilson Chapman. (Wilson/Chapman). Plaintiff, GEX Kentucky, Inc. (GEX) initiated this adversary proceeding by filing a complaint, subsequently amended, to determine ownership of and damages to certain real property located in Kentucky. Wilson/Chapman move...

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