IN RE CHEMETCO, INC.

Bankruptcy No. 01-34066. Adversary No. 03-3325.

308 B.R. 339 (2004)

In re CHEMETCO, INC., Debtor. Laura K. Grandy, Trustee, Plaintiff, v. Fox Hills Industries, Inc., Fox Hills Industries Acquisition Co., Inc., Defendants.

United States District Court, S.D. Illinois.

April 8, 2004.


Attorney(s) appearing for the Case

Laura K. Grandy, Mathis, Marifian, Richter and Grandy Ltd., Belleville, IL, for Plaintiff.

Gary L. Vincent, Husch & Eppenberger, LLC, Clayton, MO, for Defendant.


OPINION

KENNETH J. MEYERS, Bankruptcy Judge.

The questions before the Court in this adversary proceeding are whether the defendants are entitled to a jury trial of the issues raised in the plaintiff trustee's preference complaint, and whether they have waived such right based on a failure to timely seek withdrawal of the reference to the Bankruptcy Court. The defendants contend that the law is settled that a defendant who has not filed a claim in...

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