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IN RE CARDINAL INDUSTRIES, INC.

Bankruptcy No. 2-89-02779, Adv. No. 2-90-0308.

146 B.R. 720 (1992)

In re CARDINAL INDUSTRIES, INC. et al., substantively consolidated with and jointly administered with Cardinal Industries Mortgage Company, Debtors. The HUNTINGTON NATIONAL BANK COMPANY, Plaintiff, v. Jay ALIX, as Trustee for Cardinal Industries Mortgage Company, and Ameritrust Company National Association, Defendants.

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

May 18, 1992.

Attorney(s) appearing for the Case

Jack R. Pigman, Porter, Wright, Morris & Arthur, Columbus, Ohio, for plaintiff The Huntington Nat. Bank.

Alec Wightman, Baker & Hostetler, Columbus, Ohio, for defendant Ameritrust Co. Nat. Ass'n.

Michael L. Cook, Sally M. Henry, Skadden, Arps, Slate, Meagher & Flom, New York City, Co-Counsel to defendant Jay Alix as Trustee for Cardinal Industries Mortg. Co.

Marilyn Shea-Stonum, Jones, Day, Reavis & Pogue, Columbus, Ohio, Co-Counsel to defendant Jay Alix as Trustee for Cardinal Industries Mortg. Co.

Jay Alix, Trustee, Jay Alix & Associates, Southfield, Mich.

Charles M. Caldwell, Asst. U.S. Trustee, Columbus, Ohio, Columbus Office of the U.S. Trustee for Region IX.

James H. Bownas, Cardinal Industries, Inc., Columbus, Ohio.

Charles J. Taunt, Charles J. Taunt & Associates, Birmingham, Mich., Special Counsel to the Trustee of the Consolidated Estate.

Gary Cunningham, Kramer Mellen, P.C. Southfield, Mich., Special Counsel to the Trustee of the Consolidated Estate.

Leon Friedberg, Benesch, Friedlander, Coplan & Aronoff, Columbus, Ohio, for the Official Committee of Unsecured Creditors.

OPINION AND ORDER ON MOTION FOR SUMMARY JUDGMENT

BARBARA J. SELLERS, Bankruptcy Judge.

This matter is before this Court upon the motion of plaintiff The Huntington National Bank ("Huntington") for summary judgment on Count I of its complaint for declaratory relief against defendant Cardinal Industries Mortgage Company ("CIMC"). Huntington moves for summary judgment under Rule 56 of the Federal Rules of Civil Procedure, made applicable to bankruptcy proceedings...

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