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MATTER OF WOLOSCHAK FARMS

Bankruptcy No. B87-00079-Y.

70 B.R. 498 (1987)

In the Matter of WOLOSCHAK FARMS, Debtor.

United States Bankruptcy Court, N.D. Ohio.

February 26, 1987.

Attorney(s) appearing for the Case

Douglas S. Roberts, Columbus, Ohio, for debtor, Woloschak Farms.

Frederick S. Coombs, III, Youngstown, Ohio, for Deutz-Allis Credit Corp.

Reginald W. Jackson, Columbus, Ohio, for Navistar Financial Corp.

Todd R. Marti, Columbus, Ohio, for John Deere Co.

Michael Demczyk, Canton, Ohio, Trustee.

MEMORANDUM OPINION

WILLIAM T. BODOH, Bankruptcy Judge.

This cause came on for consideration of the Motions of DEUTZ-ALLIS CREDITOR CORPORATION ("DEUTZ") and JOHN DEERE COMPANY ("JOHN DEERE") to Dismiss this pending Chapter 12 case. Movants argue that the Debtor may not maintain this Chapter 12 proceeding because there was pending at the time of its filing a case under Chapter 11 of Title 11, United States Code, in which the Debtor was in default of a previously...

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