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IN RE TEREX CORP.

Bankruptcy No. 583-1502, Adv. No. 588-0068.

93 B.R. 127 (1988)

In re TEREX CORPORATION, Debtor. John J. GUY, Trustee of the Terex Reorganization Trust, Plaintiff, v. TEREX CORPORATION and Internal Revenue Service, Defendants.

United States Bankruptcy Court, N.D. Ohio.

November 9, 1988.

Attorney(s) appearing for the Case

G. Christopher Meyer, Cleveland, Ohio, for debtor/defendant.

Joseph Hutchinson, Akron, Ohio, for Trustee of Terex Reorganization Trust.

Susan M. Poswistilo, Trial Atty., Tax Div., U.S. Dept. of Justice, Washington, D.C., for I.R.S.

John Guy, Akron, Ohio, Trustee for Terex Reorganization Trust.

FINDING AS TO PLAINTIFF'S MOTION FOR PARTIAL SUMMARY JUDGMENT AND UNITED STATES' CROSS-MOTION FOR PARTIAL SUMMARY JUDGMENT

HAROLD F. WHITE, Bankruptcy Judge.

This matter comes before the court upon Plaintiff's Motion for Partial Summary Judgment filed August 26, 1988 pursuant to the court's Order of July 14, 1988 granting time to file pleadings pursuant to summary judgment. On September 12, 1988 Defendant United States filed its Cross-Motion for Summary Judgment...

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