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IN RE BADGER FREIGHTWAYS, INC.

Bankruptcy No. 82 B 13999, Adv. No. 88 A 0783.

106 B.R. 971 (1989)

In re BADGER FREIGHTWAYS, INC., Debtor. BADGER FREIGHTWAYS, INC., Plaintiff, v. CONTINENTAL ILLINOIS NATIONAL BANK AND TRUST COMPANY OF CHICAGO, Frank Slykas and the United States of America, Defendant.

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

November 2, 1989.

Attorney(s) appearing for the Case

Gregg E. Szilagyi, Holleb & Coff, Chicago, Ill.. for plaintiff.

David S. Newman, Trial Atty., Tax Div., U.S. Dept. of Justice, Washington, D.C., for U.S.

Timothy A. French, Neal Gerber Eisenberg & Lurie, Chicago, Ill., for Continental Bank.

Frank Slykas, Hollister, Cal., for defendant Frank Slykas.

MEMORANDUM OPINION ON CONTINENTAL'S MOTION TO DISMISS

JACK B. SCHMETTERER, Bankruptcy Judge.

Badger Freightways, Inc. ("Debtor") is a debtor-in-possession under Chapter 11 of the Bankruptcy Code. Badger filed this five count Adversary Complaint against Continental Illinois National Bank and Trust Company of Chicago ("Continental"), Frank Slykas, and the United States of America. Continental moved to dismiss all five counts for asserted failure to state a...

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