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IN RE MIDWAY INDUS. CONTRACTORS, INC.

Bankruptcy Nos. 92 B 13149, 94 A 1241.

184 B.R. 551 (1995)

In re MIDWAY INDUSTRIAL CONTRACTORS, INC., Debtor. MIDWAY INDUSTRIAL CONTRACTORS, INC., Plaintiff, v. AMERON PROTECTIVE COATINGS, A DIVISION OF AMERON, INC., a California Corporation, Defendant.

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

July 13, 1995.

Attorney(s) appearing for the Case

Walter E. Trittipo, Hough & Cook, Chicago, IL, for debtor/plaintiff.

Elizabeth Hoskins Dow, Lord, Bissell & Brook, Chicago, IL, for defendant.

MEMORANDUM OPINION

SUSAN PIERSON SONDERBY, Bankruptcy Judge.

This opinion addresses the issue of whether a debtor in possession is bound by the two-year statute of limitations period contained in 11 U.S.C. § 546 of the Bankruptcy Code. Numerous courts have addressed this issue with conflicting results. Taking into consideration the plain language of the Bankruptcy Code, the Bankruptcy Reform Act of 1994, and the arguments made in the parties' papers...

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