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IN RE EAGLE-PICHER INDUSTRIES, INC.

Consolidated No. 1-91-00100.

139 B.R. 873 (1992)

In re EAGLE-PICHER INDUSTRIES, INC., et al., Debtors.

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

April 28, 1992.

Attorney(s) appearing for the Case

Edmund J. Adams, Cincinnati, Ohio, for debtors.

Robert S. Balantzow, Cleveland, Ohio, for future claimants.

Carolyn J. Buller, Cleveland, Ohio, for Unsecured Creditors' Committee.

Kevin E. Irwin, Cincinnati, Ohio, for Injury Claimants' Committee.

Irving Harris, Cincinnati, Ohio, for Equity Sec. Holders' Committee.

Donald J. Hutchinson, Miller, Canfield, Paddock & Stone, Detroit, Mich., for Comerica Bank.

Stephen Karotkin, Weil, Gotshal & Manges, New York City, for Eagle-Picher.

DECISION ON COMERICA MOTIONS (1) FOR RELIEF FROM AUTOMATIC STAY, and (2) REQUIRING EAGLE-PICHER INDUSTRIES, INC. TO TIMELY PERFORM OBLIGATIONS OR ASSUME OR REJECT LEASE PURCHASE CONTRACT

BURTON PERLMAN, Chief Judge.

Comerica Bank ("Bank"), an indenture trustee-lender, has filed two motions. In the first, it seeks relief from automatic stay and adequate protection payments. In its second motion, Comerica invokes 11 U.S.C. § 365, seeking timely performance...

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