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HENNING v. AMSTED INDUSTRIES, INC.

No. 94-3539.

56 F.3d 29 (1995)

Scott HENNING, Claimant-Appellant, v. AMSTED INDUSTRIES, INCORPORATED, Intervenor-Appellee, Cassandra Corporation, also known as Byturbo International, also known as Byturbo Products, also known as Johnson Machine and Press Company, also known as Dynablast, also known as Johnson Press Company, also known as SBL, Incorporated, South Bend Lathe, Incorporated, Debtor-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided May 24, 1995.

Attorney(s) appearing for the Case

Kimberly E. Roy, Wildman, Harrold, Allen & Dixon, Chicago, IL, James W. Perry (argued), Jerry L. Sumpter, Sumpter & Perry, Cheboygan, MI, for Scott Henning.

Alan S. Rutkoff (argued), McDermott, Will & Emery, Chicago, IL, Thomas M. Walz, William L. Wilsom, Hahn, Walz, Knepp, Dvorak, & Higgins, South Bend, IN, for Amsted Industries, Inc.

Patrick D. Murphy, John W. VanLaere, Jones, Obenchain, Ford, Pankow & Lewis, South Bend, IN, for Cassandra Corp.

Before BAUER, EASTERBROOK, and RIPPLE, Circuit Judges.

BAUER, Circuit Judge.

Scott Henning filed a claim against the debtor in this case, a company known as South Bend Lathe ("SBL" or "Lathe"). The bankruptcy court disallowed Henning's claim as time-barred, and the district court affirmed. Although for different reasons, we believe Henning's claim was properly rejected, and therefore, we affirm.

In June of 1975, Amsted Industries sold its machine tool manufacturing division to SBL. Contained in the sales agreement...

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