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IN RE MARCELLUS WOOD & TRUCKING, INC.

Bankruptcy No. GK 91-86182, Adv. No. 92-8602.

158 B.R. 650 (1993)

In re MARCELLUS WOOD & TRUCKING, INC., Debtor. MARCELLUS WOOD & TRUCKING, INC., Plaintiff, v. MICHIGAN EMPLOYMENT SECURITY COMMISSION, Defendant.

United States Bankruptcy Court, W.D. Michigan.

September 22, 1993.

Attorney(s) appearing for the Case

Thomas G. King and Jeffrey D. Swenarton, Marcellus, MI, for plaintiff Marcellus Wood & Trucking, Inc.

Donna K. Welch, Detroit, MI, for defendant Michigan Employment Sec. Com'n.

OPINION REGARDING MESC'S MOTION FOR SUMMARY JUDGMENT

JAMES D. GREGG, Bankruptcy Judge.

I. INTRODUCTION

On November 19, 1991, Marcellus Wood & Trucking, Inc. (the "Debtor") filed a voluntary petition for relief under chapter 11 of the Bankruptcy Code.1 On December 4, 1992, the Debtor filed this adversary proceeding against the Michigan Employment Security Commission ("MESC"), asking this court, pursuant to...

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