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MATTER OF DIETZ ELECTRIC CO., INC.

Nos. 72-B-1465, 72-B-1464.

402 F.Supp. 609 (1975)

In the Matter of DIETZ ELECTRIC CO., INC., a Wisconsin Corporation, Debtor.

United States District Court, E. D. Wisconsin.

November 17, 1975.

Attorney(s) appearing for the Case

Daniel W. Howard, Milwaukee, Wis., for debtors-in-possession.

Russell Eisenberg, Milwaukee, Wis., for petitioner Richard A. Malone.

Gaar W. Steiner, Milwaukee, Wis., for petitioners.

Donald S. Taitelman, Milwaukee, Wis., for Midland Nat. Bank.

Floyd A. Harris, Milwaukee, Wis., for Trustee Frank C. Verbest.

DECISION AND ORDER

REYNOLDS, Chief Judge.

These two cases, consolidated in the Bankruptcy Court below and for purposes of appeal in this court, present the question of whether an order of the Bankruptcy Court declaring payments due to appellant Richard A. Malone on certain certificates of indebtedness to be subordinate to certain payments to appellee Midland National Bank should be set aside.

A voluntary petition in bankruptcy was filed August 23...

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