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IN RE RUSTY JONES, INC.

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

124 B.R. 774 (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. Hanaway, 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.

March 13, 1991.

Attorney(s) appearing for the Case

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

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

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

William Wolford, Wis. Dept. of Justice, Madison, Wis., for defendants Donald J. Hanaway, as Atty. Gen. for State of Wis. and Robert D. Haase, Com'r of Ins. for the State of Wis.

MEMORANDUM OPINION ON DEFENDANTS' MOTION FOR DISCRETIONARY ABSTENTION

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 rust-proofing warranties issued to persons in Wisconsin by the debtor, Rusty Jones, Inc. ("Debtor"). Defendants Donald J. Hanaway, Attorney General of...

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