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IN RE T.M. SWEENEY & SONS LTL SERVICES, INC.

Bankruptcy No. 89 B 8111, Adv. No. 90 A 647.

131 B.R. 984 (1991)

In re T.M. SWEENEY & SONS LTL SERVICES, INC., Debtor. KS INVESTMENTS, Plaintiff, v. T.M. SWEENEY & SONS LTL SERVICES, INC.; Sheldon L. Solow, Trustee; and Endowment and Foundation Realty (JMB-IV), Defendants.

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

September 25, 1991.

Attorney(s) appearing for the Case

Stuart M. Rozen, Stephen K. Racker, Mayer, Brown & Platt, Chicago, Ill., for Endowment and Foundation Realty, Ltd. — JMB-IV.

Sheldon L. Solow, Sachnoff & Weaver, Ltd., Chicago, Ill., trustee.

Thomas C. O'Brien, O'Brien & Barbahen, Chicago, Ill., for KS Investments.

MEMORANDUM OPINION ON MOTION OF ENDOWMENT AND FOUNDATION REALTY, LTD. — JMB-IV FOR SUMMARY JUDGMENT ON COUNT I

JACK B. SCHMETTERER, Bankruptcy Judge.

The related bankruptcy case No. 89 B 08111 started as a voluntary filing by T.M. Sweeney & Sons LTL Services, Inc. ("Debtor") under Chapter 11 of the Bankruptcy Code. The case has since been converted to one under Chapter 7 and Trustee Sheldon L. Solow was...

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