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IN RE HIGHWAY EQUIPMENT CO.

Bankruptcy No. 1-85-01667, Adv. No. 1-90-0037.

120 B.R. 910 (1990)

In re the HIGHWAY EQUIPMENT COMPANY, Highlift Equipment Co., U.S. Equipment Co., Debtors. The HIGHWAY EQUIPMENT COMPANY, et al., Plaintiffs, v. ALEXANDER HOWDEN LIMITED, et al., Defendants.

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

October 30, 1990.

Attorney(s) appearing for the Case

John B. Pinney, Charles G. Heyd, Cincinnati, Ohio, for plaintiff.

Joseph A. Brunetto, Columbus, Ohio, for defendants.

John J. Finnigan, Jr., Cincinnati, Ohio, for co-defendants.

Thomas Noland, Dayton, Ohio, Liquidating Trustee/co-plaintiff.

Charles Caldwell, Cincinnati, Ohio, Asst. U.S. Trustee.

DECISION ON MOTION TO DISMISS

BURTON PERLMAN, Chief Judge.

Plaintiff, The Highway Equipment Company, filed a Chapter 11 bankruptcy case in this court in 1985, and on April 1, 1988, we confirmed a Chapter 11 plan in the case. The plan contemplates that litigation on behalf of the debtor will be carried on after confirmation. A Liquidating Trust Agreement was approved by this court as part of the Chapter 11 plan. All property and claims of Highway Equipment...

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