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IN RE EAGLE-PICHER INDUSTRIES, INC.

Bankruptcy No. 1-91-00100. Adv. No. 93-1070.

181 B.R. 51 (1995)

In re EAGLE-PICHER INDUSTRIES, INC., et al., Debtors. EAGLE-PICHER INDUSTRIES, INC. et al., Plaintiffs, v. CONTROLLED POWER COMPANY, Defendant.

United States Bankruptcy Court, S.D. Ohio, Western Division.

April 27, 1995.

Attorney(s) appearing for the Case

Michael F. Haverkamp, Cincinnati, OH, for plaintiffs.

M. Lynn Readey, Dayton, OH, John E.F. Gerlach, Detroit, MI, for defendant.

DECISION AND ORDER ON MOTION SUMMARY JUDGMENT RE CLAIM OF CONTROLLED POWER COMPANY

BURTON PERLMAN, Bankruptcy Judge.

A creditor, Controlled Power Company ("CPC"), filed claim # 3553 in these consolidated cases in the amount of $7 million. In support of its claim, CPC attached a copy of a complaint which it had filed in a U.S. District Court, allegedly causes of action against Eagle-Picher for breach of warranty, breach of contract, and misrepresentation...

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