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IN RE CONSOLIDATED INDUSTRIES CORP.

Bankruptcy No. 98-40533, Adversary No. 02-4064, Adversary No. 03-4008.

330 B.R. 709 (2004)

In re CONSOLIDATED INDUSTRIES CORP., Debtor. TIG Insurance Company, Plaintiff, v. Daniel L. Freeland, Trustee, Enodis Corporation and Friedrich Air Conditioning Company, Inc., Defendants. and Mike Stefanyshyn, et al. Intervenors. and ACE American Insurance Company, Plaintiff, v. Daniel L. Freeland, Trustee, and Enodis Corporation, Defendants. and Mike Stefanyshyn, et al., Intervenors.

United States Bankruptcy Court, N.D. Indiana, Hammond Division.

May 14, 2004.

Attorney(s) appearing for the Case

J. Joseph Bainton, New York City, John Burns, Fort Wayne, IN, for Enodis.

Catherine Steege, Joel Pelz, Terri Brieske, Chicago, IL, for Daniel L. Freeland.

Bradford S. Moyer, Kalamazoo, MI, James J. Shea, Fort Wayne, IN, Mary Kathryn Martin, Paul Janaskie, McLean, VA, Stephen M. Kelley, St. Clair Shores, MI, for TIG Insurance.

Leonard E. Eilbacher, Fort Wayne, IN, Paul Alp, Washington, DC, for ACE Insurance.

DECISION

ROBERT E. GRANT, Bankruptcy Judge.

This litigation has its roots in a decision the court issued on November 7, 2001 in adversary proceeding 00-4027, Enodis Corporation vs. Wausau Insurance Company, et al. In that litigation, Enodis Corporation, the debtor's former parent, sought a declaration concerning its right to cancel liability insurance it had previously acquired for the debtor. The court concluded that it was entitled to be...

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