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BINDLEY WESTERN IND. v. RELIABLE DRUG STORES

No. IP 93-1659 C.

181 B.R. 374 (1995)

BINDLEY WESTERN INDUSTRIES, Appellant, v. RELIABLE DRUG STORES, INC., Drug Fair, Inc., H.A. Woods Drug Company, Midwest Reliable, Inc., PDI of Indiana, Inc., Reliable Illinois, Inc., Acadia Partners, O.P., Bank of America National Trust and Savings Association as Agent for "The Banks", Official Creditors' Committee, Roger L. Grass, Enio A. Montini, Jr., John Foster, Lawrence Hruska, Billy R. Masters, Paul McGurr, David Cole Hershel Workman, Paul Piontkowski, Robert M. Ling, Jr., Appellees. In re RELIABLE DRUG STORES, INC., et al., Debtors.

United States District Court, S.D. Indiana, Indianapolis Division.

March 7, 1995.

Attorney(s) appearing for the Case

James M. Carr, David V. Ceryak, Baker & Daniels, Indianapolis, IN, for appellant.

Steven H. Ancel, Paul T. Deignan, Ancel & Dunlap, Indianapolis, IN, Alan Kornberg, Andrew N. Rosenberg, Paul Weiss Rifkind Wharton & Garrison, New York City, Daniel M. Pelliccioni, Katten Muchin Zavis & Weitzman, Los Angeles, CA, Thomas C. Scherer, Bingham Summers Welsh & Spilman, Indianapolis, IN, Stuart E. Hertzberg Pepper Hamilton & Scheetz, Detroit, MI, for appellees.

ENTRY

BARKER, Chief Judge.

Bindley Western Industries, Inc. ("Bindley") appeals the Bankruptcy Court's Order Confirming Plan ("Confirmation Order") entered on December 10, 1993, in which the Bankruptcy Court held that Bindley was not entitled to an administrative expense claim because the liens held by the Banks and Acadia had priority over Bindley's reclamation claim. Because the Court finds that any administrative claim to which the reclaiming creditors...

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