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IN RE KRESS ROAD PARTNERSHIP

Bankruptcy Nos. B 05776, 90 A 0242.

134 B.R. 292 (1991)

In re KRESS ROAD PARTNERSHIP, Debtor. KRESS ROAD PARTNERSHIP, Plaintiff, v. CHICAGO TITLE AND TRUST COMPANY, Defendants.

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

October 9, 1991.

Attorney(s) appearing for the Case

F. Dean Armstrong of F. Dean Armstrong, P.C., Flossmoor, Ill., for plaintiff.

William R. Yowell of Associate Gen. Counsel, Chicago, Ill., for defendants.

MEMORANDUM OPINION

JOHN D. SCHWARTZ, Chief Judge.

Chicago, Title and Trust Company ("CT & T" or "Trustee"), has moved for summary judgment on count three1 of the First Amended Complaint and Jury Demand ("Complaint") of the Plaintiff-Debtor, Kress Road Partnership ("Kress Road" or "Partnership"). For the reasons set forth herein, the court after considering the pleadings, exhibits, affidavits and memoranda filed, does hereby...

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