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IN RE S & M CONSTRUCTORS, INC.

Bankruptcy No. 92-11872 (N.D. Ohio), Adv. No. 92-4196 (W.D.MO.), No. 92-0327-CV-W-8 (W.D.MO.).

144 B.R. 855 (1992)

In re S & M CONSTRUCTORS, INC., Debtor. The FOLEY COMPANY, Plaintiff, v. AETNA CASUALTY & SURETY COMPANY, Defendant.

United States Bankruptcy Court, W.D. Missouri.

September 8, 1992.

Attorney(s) appearing for the Case

Kevin E. Glynn (argued) William J. DeBauche, Niewald, Waldeck & Brown, Kansas City, Mo., for plaintiff.

Edward Brown (argued), Arter & Hadden, Cleveland, Ohio, Mark Moedritzer, Shook, Hardy & Bacon, Kansas City, Mo., for defendant.

MEMORANDUM OPINION

ARTHUR B. FEDERMAN, Bankruptcy Judge.

The matters before the Court are a motion filed by The Foley Company ("Foley") seeking remand of this proceeding to the United States District Court for the Western District of Missouri, and a motion to have this proceeding transferred to the United States Bankruptcy Court for the Northern District of Ohio filed by Aetna Casualty and Surety Company ("Aetna"). For the reasons set forth below, Aetna...

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