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FORUM GROUP, INC. v. HARRELL

No. IP 93-1436 C.

181 B.R. 379 (1995)

FORUM GROUP, INC., et al., Appellants, v. Royce HARRELL, Wayne S. Tush, Ken Veil, Wayne L. Beverage and Larry L. Laird, Appellees. In re FORUM GROUP, INC., et al., Debtors.

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

March 28, 1995.

Attorney(s) appearing for the Case

Thomas C. Scherer, Bingham Summers Welsh & Spilman, Indianapolis, IN, for appellants.

Thomas G. Burroughs, Leonard Opperman, Bose McKinney & Evans, James D. Blythe II, Butler, Brown & Blythe, Indianapolis, IN, for appellees.

ENTRY

BARKER, Chief Judge.

This appeal arises out of the objection of Forum Group, Inc. ("Forum") to the claims of five former executive officers (collectively, "the Executives" or "the Claimants") for damages resulting from the rejection of their pre-petition Termination Benefits Agreements ("TBA's"). The Bankruptcy Court allowed the claims. For the reasons set forth below, we reverse.

I. FACTUAL BACKGROUND

Forum owns and operates retirement...

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