BAKER O'NEAL HOLDINGS, INC. v. MASSEY

No. 04-1525, 04-1526.

403 F.3d 485 (2005)

BAKER O'NEAL HOLDINGS, INC., and American Public Automotive Group, Inc., Plaintiffs-Appellees, v. Donald E. MASSEY, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided April 5, 2005.


Attorney(s) appearing for the Case

James Dimos, Locke Reynolds, Indianapolis, IN, Jeffery A. Lipps (argued), Columbus, OH, for Appellant.

Andrew W. Hull (argued), Hoover Hull Baker & Heath, Indianapolis, IN, for Debtor-Appellee.

Before FLAUM, Chief Judge, and EASTERBROOK and SYKES, Circuit Judges.


EASTERBROOK, Circuit J.

Baker O'Neal Holdings and its subsidiary American Public Automotive Group (collectively APAG) were formed to operate "auto malls" in which dealers selling many different brands of automobiles would congregate. These would be established near suburban shopping malls, so that customers could buy everything from kitchen blenders to SUVs in one stop. The business did not succeed, and a bankruptcy proceeding has been under way since 1998. One adversary...

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