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IN RE WHITE TRAILER CORP.

Bankruptcy No. 96-40623, Adversary No. 98-4005.

222 B.R. 322 (1998)

In re WHITE TRAILER CORPORATION, f/k/a Monon Corporation, and White Trailer, Inc., f/k/a Mono Trailer, Inc., Debtors. Daniel L. FREELAND, Trustee, and Rosby Corporation, Plaintiffs, v. HPA ASSET, L.L.C. and Congress Financial Corporation (Central), Defendants.

United States Bankruptcy Court, N.D. Indiana, Fort Wayne Division.

June 19, 1998.

Attorney(s) appearing for the Case

Robert Nicholson, Fort Wayne, IN, for Daniel Freeland.

Jerald Ancel, Indianapolis, IN, for Rosby Corporation.

Michael Hile, Indianapolis, IN, John Anderson, Chicago, IL, for HPA Asset, L.L.C.

DECISION

ROBERT E. GRANT, Bankruptcy Judge.

By this adversary proceeding, the Chapter 7 trustee and Rosby Corporation ("Rosby"), debtors' parent corporation, seek a declaration that certain patents, in particular, U.S. Patent No. 5,112,099 ("Patent 099"), were not transferred to HPA Asset, L.L.C. ("HPA"), when HPA purchased substantially all of the debtors' assets from the estate. The complaint also alleges that HPA is in breach of a patent licensing...

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