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MATTER OF MICHIGAN BOILER & ENGINEERING CO.

Bankruptcy No. 86-06680-S. Adv. No. 89-0431-S.

171 B.R. 565 (1993)

In the Matter of MICHIGAN BOILER & ENGINEERING COMPANY a/k/a Michigan Boiler & Engineering Co., a/k/a Michigan Boiler & Engineering Co., a Michigan corporation, a/k/a M.B. & E., Inc., Debtor. DISTRAL ENERGY CORPORATION, Plaintiff, v. MICHIGAN BOILER & ENGINEERING COMPANY, Defendant.

United States Bankruptcy Court, E.D. Michigan, Southern Division.

December 6, 1993.

Attorney(s) appearing for the Case

Phillip G. Alber, Raymond C. McVeigh, Detroit, MI, for plaintiff.

Jay L. Welford, R. Christopher Cataldo, Detroit, MI, for defendant.

OPINION

WALTER SHAPERO, Bankruptcy Judge.

Introduction

Distral Energy Corporation ("Distral"), a creditor of Debtor Michigan Boiler and Engineering Company ("Debtor" or "MBE"), commenced an adversary proceeding seeking recovery of alleged trust funds in the amount of $139,311.191, which it alleges are not assets of the Debtor's estate.

Stipulated and Other Facts

The parties stipulated...

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