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IN RE ELLINGSEN MacLEAN OIL CO., INC.

Bankruptcy No. HM 84-00033, Adv. No. 86-0325.

98 B.R. 284 (1989)

In re ELLINGSEN MacLEAN OIL CO., INC., a Corporation, and other related cases, Debtors. OFFICIAL UNSECURED CREDITORS' COMMITTEE and Mobil Oil Company, Plaintiffs, v. The NORTHERN TRUST COMPANY and First National Bank & Trust Company of Escanaba, and Ellingsen MacLean Oil Co., Inc., and related Debtors, Defendants, Soo Line Railroad Company, by its Successor in Title to the properties, Wisconsin Central Limited, Intervening Party.

United States Bankruptcy Court, W.D. Michigan.

March 17, 1989.

Attorney(s) appearing for the Case

Day, Sawdey, Flaggert & Porter, Larry A. Ver Merris, Grand Rapids, Mich., for plaintiff, Official Unsecured Creditors' Committee.

Varnum, Riddering, Schmidt & Howlett, Timothy J. Curtin, Grand Rapids, Mich., for plaintiff, Mobil Oil Co.

Gardner, Cortau & Douglas, David F. Heroy, Barbara A. Zahs, and Linda A. Peterson, of Chicago, Ill., for defendants, Northern Trust Co. and First Nat. Bank & Trust Co. of Escanaba.

Osstyn, Bays, Ferns & Quinnell, Donald W. Bays, Marquette, Mich., for defendants, Ellingsen MacLean Oil Co., Inc., and other related debtors.

Dunn, Schouten & Snoap, Eugene W. Pyatenko, Wyoming, Mich., for intervening party, Soo Line R. Co.

OPINION

DAVID E. NIMS, Jr., Bankruptcy Judge.

This matter is before the court on a motion for summary judgment. On February 2, 1984, thirteen related debtors filed voluntary petitions seeking reorganization under Chapter 11 of the Bankruptcy Code. 11 U.S.C. §§ 1101-1146. On December 15, 1986, the Official Unsecured Creditor's Committee (Committee) and Mobil Oil Company (Mobil) filed this adversary proceeding seeking declaratory relief. In their...

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