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IN RE LEE WAY HOLDING CO.

Bankruptcy No. 2-85-00661, Adv. No. 2-86-0343.

105 B.R. 404 (1989)

In re LEE WAY HOLDING COMPANY, Debtor. Frederick M. LUPER, Chapter 11 Trustee, et al., Plaintiffs, v. BANNER INDUSTRIES, INC., et al., Defendants.

United States Bankruptcy Court, S.D. Ohio, E.D.

June 21, 1989.

Attorney(s) appearing for the Case

Frederick M. Luper, Luper, Wolinetz, Sheriff & Neidenthal, Columbus, Ohio, Chapter 11 Trustee, for the Estate and plaintiff.

Donald R. Harris, Jenner and Block, Chicago, Ill., for plaintiff, Chapter 11 Trustee.

Robert J. Sidman, Vorys, Sater, Seymour & Pease, Columbus, Ohio, for plaintiff, Official Committee of Unsecured Creditors.

Leon Friedberg, Benesch, Friedlander, Coplan & Aronoff, Columbus, Ohio, for defendants.

Thomas D. Yannucci, Kirkland and Ellis, Washington, D.C., for defendants.

Roger Pascal, Schiff, Hardin & Waite, Chicago, Ill., Russell A. Kelm, Schwartz, Kelm, Warren & Rubenstein, Columbus, Ohio, for PepsiCo, Inc.

OPINION AND ORDER ON DEFENDANTS' MOTION TO DISMISS; LIFTING STAY OF DISCOVERY

DONALD E. CALHOUN, Jr., Bankruptcy Judge.

I. BACKGROUND

This matter is before the Court on the motion of Banner Industries, Inc. and Plymouth Leasing Company ("Banner") to dismiss the first, second, third, fourth, sixth, seventh and eleventh claims for relief alleged in the first amended complaint filed by the Chapter 11 Trustee and the Official Committee of Unsecured...

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