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IN RE BENTZ METAL PRODUCTS CO., INC.

No. 00-1320.

253 F.3d 283 (2001)

In re BENTZ METAL PRODUCTS COMPANY, INC., Debtor-Appellee, Appeal of Larry Faehnrich, et al., Plaintiffs-Appellants, v. Bentz Metal Products Company, Inc., and Bank One, Indiana, National Association, a national banking association, as successor to NBD Bank, N.A., Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided June 7, 2001.

Attorney(s) appearing for the Case

Nora L. Macey (argued), Richard J. Swanson, Macey, Macey & Swanson, Indianapolis, IN, for appellants.

Grant F. Shipley (argued), Shipley & Adelsperger, R.D. Boyer, Helmke, Beams, Boyer & Wagner, Fort Wayne, IN, for appellees.

Before FLAUM, Chief Judge, and BAUER, POSNER, COFFEY, EASTERBROOK, RIPPLE, MANION, KANNE, ROVNER, DIANE P. WOOD, EVANS, and WILLIAMS, Circuit Judges.

TERENCE T. EVANS, Circuit Judge.

Indiana law broadly protects the rights of workers ("mechanics and laborers employed in or about any shop, mill, wareroom, storeroom, ... bridge, reservoir, ... drainage ditch ... or any other earth-moving operation...." in the charming, though antiquated, language of the old Hoosier statute) against losing wages due when an employer encounters tough economic times. It does so by moving workers to the front of the company's creditor...

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