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IN RE EAGLE-PICHER INDUSTRIES, INC.

Bankruptcy No. 1-90-00100. Adv. No. 93-1067.

190 B.R. 557 (1995)

In re EAGLE-PICHER INDUSTRIES, INC., et al., Debtors. TRANSICOIL, INC. and Eagle-Picher Industries, Inc., Plaintiffs, v. BLUE DOVE DEVELOPMENT ASSOCIATES, LIMITED PARTNERSHIP, and K-Jem, Inc., General Partner, Defendants.

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

As Amended February 2, 1996.

Attorney(s) appearing for the Case

Ronald Bluestein, Philadelphia, PA, for Blue Dove Development Associates, Limited Partnership.

P. Stephen Lerario, Philadelphia, PA, for K-Jem, Inc.

Edmund J. Adams, Cincinnati, OH, for Eagle-Picher Industries, Inc., Transicoil, Inc.

DECISION and ORDER ON CROSS-MOTIONS FOR SUMMARY JUDGMENT

BURTON PERLMAN, Bankruptcy Judge.

This adversary proceeding arises in the consolidated Chapter 11 cases identified in the caption. Plaintiff Transicoil, Inc. is a wholly-owned subsidiary of plaintiff Eagle-Picher Industries, Inc. ("EPI"). Transicoil occupies a plant (the "premises") at Valley Forge, Pennsylvania, under lease from defendant Blue Dove Development...

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