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IN RE OSTROM-MARTIN, INC.

No. 92-80099. Adv. No. 92-8164.

192 B.R. 937 (1996)

In re OSTROM-MARTIN, INC., Debtor. Richard E. BARBER, Chapter 7 Trustee for Ostrom-Martin, Inc., Plaintiff, v. FIRST NATIONAL BANK OF CHILLICOTHE and Princeville State Bank, Defendants. PRINCEVILLE STATE BANK, Cross-Plaintiff, v. FIRST NATIONAL BANK OF CHILLICOTHE, Cross-Defendant.

United States Bankruptcy Court, C.D. Illinois.

March 5, 1996.

Attorney(s) appearing for the Case

Barry M. Barash, Barash, Stoerzbach & Henson, Galesburg, IL, for Plaintiff.

Richard E. Barber, Chapter 7 Trustee, Galesburg, IL.

Gregg N. Grimsley, Vonachen, Lawless, Trager & Slevin, Peoria, IL, for Princeville State Bank.

Michael T. Mahoney, Chillicothe, IL, Duncan G. Harris, Schiff, Hardin & Waite, Chicago, IL, for First National Bank of Chillicothe.

OPINION

WILLIAM V. ALTENBERGER, Chief Judge.

The matter presently before the Court is the motion of the First National Bank of Chillicothe (FIRST) to dismiss the cross-claim of the Princeville State Bank (PRINCEVILLE). The facts giving rise to this adversary proceeding and the cross-claim are set forth in two previous opinions of this Court1. For the purposes of FIRST's motion they are summarized as follows.

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