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IN RE TAK COMMUNICATIONS, INC.

No. 91-C-935-C.

138 B.R. 568 (1992)

In re TAK COMMUNICATIONS, INC., Debtor. NEW BANK OF NEW ENGLAND, N.A., individually and as agent for Chemical Bank, the New Connecticut Bank and Trust Company, N.A., Heller Financial Inc., the Bank of Nova Scotia, Ameritrust Company, National Association and Norwest Bank Minnesota, National Association, Plaintiffs-Appellants, v. TAK COMMUNICATIONS, INC. and the Official Committee of Unsecured Creditors, Defendants-Appellees.

United States District Court, W.D. Wisconsin.

As Corrected April 9, 1992.

Attorney(s) appearing for the Case

Roy L. Prange, Jr., Quarles & Brady, Madison, Wis., for New Bank of New England, N.A., Chemical Bank, The New Connecticut Bank & Trust, Heller Financial, Inc., The Bank of Nova Scotia, Ameritrust Co., Norwest Bank Minnesota, Nat. Ass'n.

Brady C. Williamson, Lafollette & Sinykin, Madison, Wis., for Tak Communications, Inc. and Official Committee of Unsecured Creditors.

Thomas M. Pyper, Madison, Wis., for intervenor Heller Financial, Inc.

David Walsh, Foley & Lardner, Madison, Wis., for Unsecured Creditors.

OPINION AND ORDER

CRABB, Chief Judge.

This is an appeal and cross-appeal from an order issued by the United States Bankruptcy Court for the Western District of Wisconsin granting summary judgment to defendant Tak Communications and denying Tak Communications' motion to strike the affidavits submitted by plaintiff New Bank of New England on its own behalf and on behalf of the other plaintiff-banks. The appeals arise from an adversarial proceeding in bankruptcy...

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