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MITCHELL v. CHICAGO PARTNERSHIP BD., INC.

No. 99 C 6531.

246 B.R. 854 (2000)

Paul M. MITCHELL, Appellant, v. CHICAGO PARTNERSHIP BOARD, INC., Appellee.

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

February 2, 2000.

Attorney(s) appearing for the Case

Stephen P. Harbeck, Kenneth J. Caputo, Securities Investor Protection Corp., Washington, DC, Daniel John Voelker, Brad Stephen Grayson, Schwartz & Freeman, Chicago, IL, Jill L. Uylaki, Barbakoff, Zazove & Glick, Chicago, IL, Mark Lawrence Prager, John R. Landis, Foley & Lardner, Chicago, IL, for Securities Investor Protection Corp., Chicago Partnership Board, Inc. and Paul M. Mitchell.

Jill L. Uylaki, Barbakoff, Zazove & Glick, Chicago, IL, for J. William Holland, Trustee for the liquidation of the business of Chicago Partnership Board, Inc.

MEMORANDUM OPINION AND ORDER

ASPEN, Chief Judge.

Before us is Paul Mitchell's appeal of an order of the Bankruptcy Court sustaining the trustee's determination that Mitchell's claim against the estate of the Debtor, the Chicago Partnership Board, Inc., is not that of a "customer" as defined in the Securities Investor Protection Act (SIPA), 15 U.S.C. § 78lll, but rather is a general unsecured claim. At issue are funds that Mitchell paid...

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