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IN RE ELDER-BEERMAN STORES CORP.

Bankruptcy No. 95-33643, Adversary No. 97-3046.

221 B.R. 404 (1998)

In re The ELDER-BEERMAN STORES CORP., an Ohio Corporation, et al., Debtors. BRIGGS ELECTRICAL CONTRACTING SERVICES, INC., Plaintiff, v. The ELDER-BEERMAN STORES CORP.; Allen County Electric, Inc.; Consolidated Electrical Distributors, Inc.; Northwestern Ohio Security Systems, Inc.; Fifth Third Bank; et al., Defendants.

United States Bankruptcy Court, S.D. Ohio, Western Division.

May 21, 1998.

Attorney(s) appearing for the Case

James M. Perlman, Hunter & Schank, Co., L.P.A., Toledo, OH, for Allen County Electric, Inc.

Harry J. Knudsen, Knudsen, Wasiura & Associates, P.C., Muskegon, MI, Special Counsel for James W. Hoerner, Trustee in Bankruptcy for Briggs Electrical Contracting Services, Inc.

Arnold E. Shaheen, Jr., Pataskala, OH, for Consolidated Electrical Distributors, Inc.

Richard Chesley and Shawn Organ, Jones, Day, Reavis & Pogue, Chicago, IL, for The Elder-Beerman Stores Corporation.

Alan J. Statman and John Schmidt, Reisenfeld & Statman, Cincinnati, OH, for Fifth Third Bank of Western Ohio.

Clay W. Balyeat and William Balyeat, Daley, Balyeat, Balyeat & Leahy, Lima, OH, for Northwest Ohio Security Systems.

DECISION AND ORDER

WILLIAM A. CLARK, Chief Judge.

I. GRANTING MOTIONS FOR PARTIAL SUMMARY JUDGMENT OF CONSOLIDATED ELECTRICAL DISTRIBUTORS, INC. AND BRIGGS ELECTRICAL CONTRACTING SERVICES, INC.; AND

II. DENYING MOTION FOR SUMMARY JUDGMENT OF FIFTH THIRD BANK OF WESTERN OHIO

The court has jurisdiction over this matter pursuant to 28 U.S.C. §§ 157(a) & 1334, and the standing General Order of Reference in this District. This proceeding...

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