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IN RE MCCOOK METALS, L.L.C.

Bankruptcy Nos. 01 B 27326, 01 B 27329 Adversary Nos.02 A 00790, 03 A 02140

319 B.R. 570 (2005)

In re McCOOK METALS, L.L.C. and McCook Equipment, L.L.C., Debtors. Joseph Baldi, as Chapter 11 Trustee of McCook Metals, L.L.C., Plaintiff, v. Micheal Lynch, John Kolleng, Matthew Ochalski, James McCook, McColl Enterprises, L.L.C, and Longview Aluminum, L.L.C, Defendants.

United States Bankruptcy Court, N.D. Illinois, Eastern Division.

January 14, 2005.

Attorney(s) appearing for the Case

Robert M. Fishman, Jeffrey Widman, George J. Spathis, Shaw, Gussis, Fishman, Glantz, Wolfson & Towbin LLC, Chicago, IL, for trustee.

Michael Duffy, Roy R. Brandys, Childress & Zdeb, Ltd., Chicago, IL, for Michael Lynch.

MEMORANDUM OF DECISION

EUGENE R. WEDOFF, Chief Judge.

These two adversary proceedings, arising in the bankruptcy of McCook Metals, L.L.C., are before the Court for judgment after a joint trial. The proceedings were brought by Joseph Baldi, the bankruptcy trustee, against a number of parties, including Michael Lynch. The trustee settled his claims against the other defendants, so that only Lynch was involved in the trial. Both of the adversaries allege an...

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