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IN RE CINCINNATI GEAR CO.

No. 03-13441.

304 B.R. 784 (2003)

In re the CINCINNATI GEAR CO., Debtor.

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

July 24, 2003.

Attorney(s) appearing for the Case

Edmund J. Adams, Cincinnati, OH, Lead Attorney, representing George W. Fels, (Interested Party).

Philomena S. Ashdown, Cincinnati, OH, Lead Attorney, representing Provident Bank, (Creditor).

Anthony G. Covatta, Drew and Ward, Cincinnati, OH, Lead Attorney, representing Navatek Ltd., Honolulu, HI, (Petitioning Creditor).

David J. Demers, New Albany, OH, Lead Attorney, representing CitiCapital Commericial Corporation, Irving, TX, (Creditor).

Robert H. Hoskins, Cincinnati, OH, Lead Attorney, representing SSS Clutch Company, New Castle, DE, (Petitioning Creditor).

Jamie Ramsey, Cincinnati, OH, Lead Attorney, representing The Cincinnati Steel Treating Company, (Creditor).

Louis F. Solimine, Cincinnati, OH, Lead Attorney, representing The Cincinnati Gear Co., Cincinnati, OH, (Debtor).

MEMORANDUM OF DECISION ON MOTION TO DISMISS AND MOTION TO ENFORCE STAY

JEFFERY P. HOPKINS, Bankruptcy Judge.

This matter is before the Court on the Motion to Dismiss ("Motion") (Doc. 15) filed by the Cincinnati Gear Company ("CGC") and the Emergency Motion of Petitioning Creditor to Enforce Stay of State Court Proceedings ("Emergency Motion") (Doc. 20) filed by Navatek, Ltd. ("Navatek"). A hearing on the motions...

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