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IN RE RUSTY JONES, INC.

Bankruptcy No. 88 B 18708, Adv. No. 90 A 0594.

128 B.R. 1001 (1991)

In re RUSTY JONES, INC., Debtor. INDIANA LUMBERMENS MUTUAL INSURANCE CO., Plaintiff, v. RUSTY JONES, INC., Reorganized Debtor; Glenn R. Heyman, Trustee of Creditors' Grantor Trust; Donald J. Hathaway, as Attorney General for the State of Wisconsin; Robert D. Haase, as Commissioner of Insurance for the State of Wisconsin; and Wisconsin warranty holders, Defendants.

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

May 24, 1991.

Attorney(s) appearing for the Case

Sara Cook, McKenna, Storer, Rowe, White & Farrug, Chicago, Ill., for Indiana Lumbermens Mut. Ins. Co.

Glenn R. Heyman, trustee, Dannen, Crane, Heyman & Simon, Chicago, Ill.

James Carmel, Carmel, Baker & Marcus, Chicago, Ill., for Warranty Holders.

Norman Newman, Much Shelist Freed Denenberg Ament & Eiger, P.C., Chicago, Ill., for debtor.

William Wolford, Wisconsin Dept. of Justice, Madison, Wis., for Donald J. Hathaway, Atty. Gen. and Robert D. Haase, Com'r.

M. Scott Michel and Karen H. Moore, U.S. Trustees, Office of the U.S. Trustee, Chicago, Ill.

MEMORANDUM OPINION ON PLAINTIFF'S MOTION FOR CLASS CERTIFICATION

JACK B. SCHMETTERER, Bankruptcy Judge.

Plaintiff Indiana Lumbermens Mutual Insurance Company ("Lumbermens") filed this Adversary Complaint seeking declaratory judgment, interpleader, and injunctive relief with regard to its obligations on auto rust-proofing warranties issued in Wisconsin by the debtor, Rusty Jones, Inc. ("Debtor"). The holders of such warranties are referred to here as the...

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