IN RE PHAR-MOR, INC. SECURITIES LITIGATION

Civ. A. Nos. 92-1938, 94-2077. MDL No. 959. Master No. Misc. 93-96.

178 B.R. 692 (1995)

In re PHAR-MOR, INC. SECURITIES LITIGATION. OFFICIAL COMMITTEE OF UNSECURED CREDITORS OF PHAR-MOR, INC. and Fifteen Affiliated Companies, Plaintiffs, v. ACTION INDUSTRIES, INC., et al., Defendants.

United States District Court, W.D. Pennsylvania.

March 7, 1995.


Attorney(s) appearing for the Case

Harry W. Greenfield, Cleveland, OH, for plaintiffs.

Richard G. Hardy, Cleveland, OH, for defendants.


OPINION

ZIEGLER, Chief Judge.

Pending before the court is the motion of defendant, Irving Z. Friedman, Executor of the Estate of Stanley Rothenfeld ("defendant" or "executor"), for summary judgment. The motion presents an issue of first impression, to-wit, whether Ohio's nonclaim statute, § 2117.06 of the Ohio Revised Code, which bars all noncontingent claims against an estate that are not presented within one year of the decedent's death, is...

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