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IN RE ENVIRODYNE INDUSTRIES, INC.

Bankruptcy Nos. 93 B 310, 93 B 312 to 93 B 316, 93 B 318 and 93 B 319. Adv. No. 93 A 01227.

176 B.R. 825 (1995)

In re ENVIRODYNE INDUSTRIES, INC., Sandusky Plastics, Inc., Sandusky Plastics of Delaware, Inc., Viskase Corporation, Viskase Holding Corporation, Viskase Sales Corporation, Clear Shield National, Inc., Envirodyne Finance Company, Debtors. ENVIRODYNE INDUSTRIES, INC., Plaintiff, v. AMERICAN EXPRESS, et al., Defendants.

United States Bankruptcy Court, N.D. Illinois, Eastern Division.

January 20, 1995.

Attorney(s) appearing for the Case

Allan S. Brilliant, Holleb & Coff, Chicago, IL, for debtor/plaintiff.

Daniel E. Lugren, San Francisco, CA, and David Epstein, Boston, MA, for defendants American Exp., et al.

MEMORANDUM OPINION

CROSS MOTIONS FOR SUMMARY JUDGMENT

JOHN D. SCHWARTZ, Chief Judge.

The matters before the court are the cross motions for summary judgment of Defendant State of California and Plaintiff Envirodyne Industries, Inc. ("Envirodyne" or "Debtor" or "Plaintiff"). In this adversary proceeding, Envirodyne seeks to equitably subordinate those shareholders of pre-merger Envirodyne who have not tendered or otherwise redeemed...

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