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IN RE SPAULDING & CO.

Bankruptcy No. 89 B 6426, Adv. No. 89 A 608.

111 B.R. 689 (1990)

In re SPAULDING & COMPANY, Debtor. SPAULDING & COMPANY, Plaintiff, v. Gordon BUCHANAN, Jr., Defendant.

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

March 2, 1990.

Attorney(s) appearing for the Case

Edward A. Berman, Berman, Roberts & Kelly, Chicago, Ill., pro se.

David E. Cohen, Cohen & Krol, Chicago, Ill., for Spaulding & Co.

M.I. McMahon, Jr. and J.P. Coleman, Chicago, Ill., for Buchanan.

MEMORANDUM OPINION ON THIRD-PARTY DEFENDANT'S MOTION TO DISMISS

JACK B. SCHMETTERER, Bankruptcy Judge.

Spaulding & Company ("Debtor") is a debtor-in-possession under Chapter 11 of the Bankruptcy Code. Debtor filed this adversary complaint (the "Adversary Complaint") against Gordon Buchanan, Jr. ("Buchanan"). In the Complaint, Debtor alleges that a security interest and conveyance of property in favor of Buchanan was a preference under 11 U.S.C. §...

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