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IN RE JAMES B. DOWNING & CO.

Bankruptcy No. 85 B 14986.

94 B.R. 515 (1988)

In re JAMES B. DOWNING & COMPANY, Debtor.

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

On Motion to Alter or Amend December 1, 1988.

Attorney(s) appearing for the Case

J. Barton Kalish & Colleagues, Chicago, Ill., for debtor.

Malcolm M. Gaynor, Richard Bendix, Bruce Dopke, Schwartz, Cooper, Kolb & Gaynor, Chicago, Ill., for M.E. Franks.

Towbin & Zazove, Chicago, Ill., for Unsecured Creditors Committee.

MEMORANDUM OPINION

JOHN H. SQUIRES, Bankruptcy Judge.

This matter comes before the Court on a motion for summary judgement and other relief filed by the statutory committee of unsecured creditors (the "Committee") for the estate of James B. Downing & Co. ("Downing") and joined in by the Downing estate pursuant to Federal Rules of Bankruptcy Procedure 3007, 7012, 7056 and 9014 and Federal Rules of Civil Procedure 12(b), 12(b)(6), 56(b), 56(c), and 56...

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