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IN RE RIVINIUS, INC.

No. 91-3474.

977 F.2d 1171 (1992)

In re RIVINIUS, INC., Debtor. RIVINIUS, INC., Plaintiff-Counterdefendant-Appellant, v. CROSS MANUFACTURING, INC., Defendant-Counterplaintiff-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided October 21, 1992.

Rehearing and Rehearing Denied December 21, 1992.

Attorney(s) appearing for the Case

Timothy L. Bertschy (argued), William I. Covey, Heyl, Royster, Voelker & Allen, Peoria, Ill., for defendant-counterplaintiff-appellee.

David B. Radley (argued), Andrew Covey, Baymiller, Christison, Radley & Covey, Peoria, Ill., for debtor.

Before CUDAHY, POSNER and KANNE, Circuit Judges.

Rehearing and Rehearing En Banc Denied December 21, 1992.

KANNE, Circuit Judge.

Plaintiff Rivinius, Inc. brought this suit seeking a declaration that its obligation to defendant Cross Manufacturing, Inc. on a mortgage had been discharged by Rivinius' prior bankruptcy. Cross counterclaimed for foreclosure of the mortgage. After trial, however, the bankruptcy court determined that Cross could only raise a counterclaim...

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