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IN RE MIDWAY AIRLINES, INC.

Nos. 93 C 4135, 92 A 1290.

163 B.R. 514 (1993)

In re MIDWAY AIRLINES, INC., Midway Airlines (1987), Inc., and Midway Aircraft Engineering, Inc., Debtors. ALLIED BUILDING PRODUCTS CORP., as assignee, Plaintiff, v. MIDWAY AIRLINES, INC., Continental and Unknown Owners and Non-Record Claimants, Defendants.

United States District Court, N.D. Illinois, E.D.

December 16, 1993.

Attorney(s) appearing for the Case

Floyd Babbitt, Glen Keysor, John Delnero, Fagel & Haber, Chicago, IL, for plaintiff.

Sheldon L. Solow, Chapter 7 Trustee.

Richard G. Smolev, Marc Kieselstein, Sachnoff & Weaver, Ltd., James A. Stempel, James H.M. Sprayregen, Kirkland & Ellis, Chicago, IL, for defendants.

MEMORANDUM AND ORDER

MORAN, Chief Judge.

This is an action brought by Allied Building Products Corporation (Allied), successor in interest to Single Ply Systems, Inc. (Single Ply), against Continental Bank and the estate of Midway Airlines and related entities (Midway). Allied is attempting to recover approximately $187,000 now being held in escrow. This action is before the court in the form of an appeal because Allied's motion for summary judgment to recover...

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