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IN RE APEX AUTOMOTIVE WAREHOUSE, L.P.

Bankruptcy Nos. 96 B 04594, 96 B 04 596, Adv. No. 96 A 1123.

205 B.R. 547 (1997)

In re APEX AUTOMOTIVE WAREHOUSE, L.P. and Whitlock Corporation, Debtors. APEX AUTOMOTIVE WAREHOUSE, L.P., Plaintiff, v. WSR CORPORATION, Defendant. WSR CORPORATION and R & S/STRAUSS, Counterclaimants, v. APEX AUTOMOTIVE WAREHOUSE, L.P. and Whitlock Corporation, Counterdefendants.

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

February 25, 1997.

Attorney(s) appearing for the Case

Gerald F. Munitz, Goldberg, Kohn, Bell, Black, Rosenbloom & Moritz, Ltd., Chicago, IL, for Plaintiff.

Forrest B. Lammiman, Lord, Bissell & Brook, Chicago, IL, for Defendant.

MEMORANDUM OPINION

ERWIN I. KATZ, Bankruptcy Judge.

This matter comes before the Court on the motion of defendant WSR Corporation ("WSR") to dismiss the Amended Complaint of Apex Automotive Warehouse, L.P. ("Apex" or the "Debtor"). On or about December 6, 1994, Apex entered into a stock purchase agreement ("SPA") with WSR pursuant to which Apex purchased all of the outstanding stock of The Whitlock Corporation ("stores that sell automotive parts"...

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