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IN RE SWARTWOUT

Bankruptcy No. 2-89-02766, Adv. No. 2-89-0338.

123 B.R. 794 (1991)

In re Frank B. SWARTWOUT, Mary Lynn Swartwout, Debtors. WESTCHESTER ENTERPRISES, INC., Plaintiff, v. Frank B. SWARTWOUT, et al., Defendants, v. PAN-WESTERN LIFE INSURANCE COMPANY, et al., Third-Party Defendants.

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

February 5, 1991.

Attorney(s) appearing for the Case

Henry P. Montgomery, Baker & Hostetler, Columbus, Ohio, for plaintiff Westchester Enterprises, Inc.

William H. Peoples, Westerville, Ohio, for Frank B. Swartwout, Mary Lynn Swartwout and Malvern Enterprises, Inc.

Michael J. Johrendt, Johrendt & Cook Co. L.P.A., Columbus, Ohio, for Mercor, Inc. fka Diversified Business Ventures, Inc.

W. Locke McKenzie, Jr., Columbus, Ohio, for The Northwestern Mut. Life Ins. Co.

Stephen H. Dodd, Lucas, Pendergast, Albright, Gibson & Newman, Columbus, Ohio, for Pan-Western Life Ins. Co.

OPINION AND ORDER ON MOTIONS FOR SUMMARY JUDGMENT

DONALD E. CALHOUN, Jr., Bankruptcy Judge.

This proceeding is before the Court for the disposition of two Motions for Summary Judgment filed by the Plaintiff, Westchester Enterprises, Inc. (hereinafter "Westchester") and one of the Defendants, Mercor, Inc. fka Diversified Business Ventures, Inc. (hereinafter "Mercor"). Westchester filed an adversary proceeding against Frank and Mary Lynn Swartwout (hereinafter...

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