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IN RE COOK UNITED, INC.

Bankruptcy No. B87-1371, Adv. No. B89-716.

117 B.R. 301 (1990)

In re COOK UNITED, INCORPORATED, Debtor. Robert D. STOREY, Trustee, Plaintiff, v. CITY OF TOLEDO, Defendant.

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

June 26, 1990.

Attorney(s) appearing for the Case

Michael Zaverton, Dettlebach, Sicherman & Baumgart, Cleveland, Ohio, special counsel to the debtor.

Jules L. Markowitz, R. Jeffrey Pollock, Burke, Haber & Berick Co., Cleveland, Ohio, for plaintiff/trustee.

Joseph Goldberg, Sr. Atty., City of Toledo Law Dept., Toledo, Ohio, for defendant.

MEMORANDUM OF OPINION AND ORDER

RANDOLPH BAXTER, Bankruptcy Judge.

I.

This matter is before the Court upon the motion of the City of Toledo, Ohio (the City) seeking a dismissal of the case trustee's action to recover an alleged preferential transfer, based upon a non-waiver of sovereign immunity. Upon the findings and conclusions set forth herein, said motion is denied.

The Debtor, Cook, United, Inc., caused to be filed its voluntary petition...

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