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STOEBNER v. HORIZON FABRICATORS, INC.

Civ. No. 4-92-58.

153 B.R. 840 (1993)

John R. STOEBNER, Chapter 7 Trustee for Chasco Corporation, Debtor, Plaintiff, v. HORIZON FABRICATORS, INC. and Klemp Corporation, Defendants.

United States District Court, D. Minnesota, Fourth Division.

April 23, 1993.

Attorney(s) appearing for the Case

Howard A. Patrick and Robins, Kaplan, Miller & Ciresi, Minneapolis, MN, for plaintiff.

Derck Amerman, Minneapolis, MN, for defendant Horizon Fabricators, Inc.

Herbert B. Conner, Bernhard Schaffler and Dickie, McCamey & Chilcote, P.C., Pittsburgh, PA, and William J. Fisher, and Gray, Plant, Mooty, Mooty & Bennett, Minneapolis, MN, for defendant Klemp Corp.

ORDER

DOTY, District Judge.

This matter is before the court on the parties' cross-motions for summary judgment. Based on a review of the file, record and proceedings herein, the court denies the motions for summary judgment.

BACKGROUND

Plaintiff John R. Stoebner (the "trustee"), the Chapter 7 trustee for Chasco Corporation ("Chasco"), brings the present action to obtain payment from defendant Horizon Fabricators, Inc. ("Horizon") and defendant...

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