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IN RE DIAL INDUSTRIES, INC.

Bankruptcy No. B91-11721(B), Adv. No. B91-1184.

137 B.R. 247 (1992)

In re DIAL INDUSTRIES, INC., Debtor. Marvin A. SICHERMAN, Trustee, Plaintiff, v. OHIO REHABILITATION SERVICES COMMISSION, et al., Defendants.

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

February 24, 1992.

Attorney(s) appearing for the Case

Michael D. Zaverton, Cleveland, Ohio, for trustee.

Odella Lampkin, Asst. Atty. Gen., Columbus, Ohio, for Ohio Rehabilitation Ser. Com'n.

Rebecca J. Grunick, Cleveland, Ohio, for Ameritrust Development Bank.

Michael A. Axel, Cleveland, Ohio, for Ameritrust Co., N.A.

Howard S. Rabb, Dworkin & Bernstein Co., Painesville, Ohio, for Chase Bank of Ohio.

Stephen D. Hobt, Cleveland, Ohio, for Huntington Nat. Bank.

MEMORANDUM OF OPINION AND ORDER

RANDOLPH BAXTER, Bankruptcy Judge.

In this Chapter 7 adversary proceeding the Ohio Bureau of Rehabilitation Services Commission (ORSC) seeks a stay of designation and distribution of proceeds pending the prosecution of an earlier filed appeal to the district court. The principal issue for determination is whether a confirmed sale of property pursuant to § 363 of the Bankruptcy Code renders moot the grant of a stay of...

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