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IN RE DOSKOCIL COMPANIES INC.

Bankruptcy Nos. 90-40414-11 to 90-40432-11.

130 B.R. 858 (1991)

In re DOSKOCIL COMPANIES INCORPORATED, et al., Debtors.

United States Bankruptcy Court, D. Kansas.

August 7, 1991.

Attorney(s) appearing for the Case

Dennis Dow and Mark Moedritzer of Shook, Hardy & Bacon, Kansas City, Mo., and Isaac M. Pachulski of Stutman, Treister & Glatt, for debtors.

Cynthia F. Grimes of Lewis, Rice & Fingersh and John Lee of Andrews & Kurth, for the Official Unsecured Creditors' Committee of Doskocil Companies Inc.

Christopher J. Redmond of Redmond, Redmond & Nazar and Barbara Rom of Pepper, Hamilton & Scheetz, for the Official Unsecured Creditors' Committee of Wilson Foods Corp.

Paul Hoffman of Smith, Gill, Fisher & Butts and Margot Schonholtz of Zalkin, Rodin & Goodman, for the Chemical Bank and the Bank Group.

John Sutter and Nancy Heermans, Washington, D.C., Tanya Wilson of the U.S. Attorney's Office, for the PBGC.

James M. Holmberg of Lentz & Clark, for the Official Section 1114 Retirees' Committee.

Joel Pelofsky of Shughart, Thomson & Kilroy, for the Doskocil Equity Committee.

Tanya Wilson of the U.S. Attorney's Office, for the U.S. Dept. of Agriculture.

William F. Schantz, for the U.S. Trustee.

MEMORANDUM OF DECISION ON DEBTOR'S MOTION FOR SUMMARY JUDGMENT

JOHN T. FLANNAGAN, Bankruptcy Judge.

Debtor filed a motion for summary judgment on its objections to proofs of claim filed by the Pension Benefit Guaranty Corporation (the "PBGC"). The PBGC filed an opposition brief urging that its proofs of claim are supported by a claim upon which relief can be granted against the debtor under the Employee Retirement Income Security Act of 1974, as amended...

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