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IN RE PULLMAN CONST. INDUSTRIES, INC.

Bankruptcy No. 87 B 6441-44, Adv. No. 91 A 452.

132 B.R. 359 (1991)

In re PULLMAN CONSTRUCTION INDUSTRIES, INC., Debtor. PULLMAN CONSTRUCTION INDUSTRIES, INC., Plaintiff, v. NATIONAL STEEL SERVICE CENTER, Johnson Controls, Inc., and Muller Construction Supply, Inc., Defendants.

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

October 10, 1991.

Attorney(s) appearing for the Case

Steven B. Towbin, David A. Newby, Towbin & Zazove, Ltd., Chicago, Ill., for plaintiff.

Robert M. Boyack, Joliet, Ill., for Johnson Controls, Inc.

Patrick G. Donnelly, McNeela & Griffin, Ltd., Chicago, Ill., for Muller Const. Supply.

Richard M. Bendix, Jr., Michael E. Hayes, Schwartz, Cooper, Kolb & Gaynor, Chicago, Ill., for Nat. Steel Service Center.

MEMORANDUM OPINION ON DEFENDANTS' MOTIONS TO DISMISS ADVERSARY

JACK B. SCHMETTERER, Bankruptcy Judge.

The Plaintiff, Debtor in the related Chapter 11 bankruptcy proceeding, has sued the three Defendants here for alleged preferences. Defendants moved under F.R.Bankr.P. 7012 to dismiss the complaint. For reasons set forth below, the motion was denied by Order entered September 11, 1991.

The Complaint is not time-barred under 11 U.S.C. § 546(a...

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