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IN RE FREEWERTH ENTERPRISES, INC.

Bankruptcy No. B89-05031, Adv. No. B90-0064.

125 B.R. 505 (1991)

In re FREEWERTH ENTERPRISES, INC., Debtor. Richard A. BAUMGART, Trustee, Plaintiff, v. HOBART CORPORATION, et al., Defendants.

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

March 6, 1991.

Attorney(s) appearing for the Case

James Barrow, Cleveland, Ohio, for plaintiff.

Stephen M. Darlington, Ziegler, Metzger & Miller, Cleveland, Ohio, for Huntington Nat. Bank.

Richard J. French, Asst. U.S. Atty., Cleveland, Ohio, for U.S.

Howard Hershman, Toledo, Ohio, for Metropolitan Bank of Lima, Ohio.

Kate A. Oklok, Asst. Atty. Gen., Columbus, Ohio, for State of Ohio.

MEMORANDUM OF OPINION AND ORDER

RANDOLPH BAXTER, Bankruptcy Judge.

I.

In this matter the Plaintiff, Richard A. Baumgart (Trustee), and the Defendant, Huntington National Bank (HNB), have filed cross motions for summary judgment regarding the complaint allegations set forth in Count I of the above-styled adversary proceeding. In pursuance of this effort, the parties have entered into the following stipulations of fact:

It is stipulated...

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