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MATTER OF IMPERIAL HEIGHTS APARTMENTS, LTD.

Bankruptcy No. 3-80-04065.

18 B.R. 858 (1982)

In the Matter of IMPERIAL HEIGHTS APARTMENTS, LTD., Debtor.

United States Bankruptcy Court, S.D. Ohio, W.D.

March 19, 1982.

Attorney(s) appearing for the Case

Robert N. Farquhar, Dayton, Ohio, for Ohio Suburban Water Co.

Robert W. Werth, Columbus, Ohio, for AFI.

Thomas R. Noland, Dayton, Ohio, for W&F Inv. Co.

Horace W. Baggott, Jr., Dayton, Ohio, for Frederic Gagel.

Herbert Ernst, Jr., Dayton, Ohio, for AFI.

Jack Pickrel, Dayton, Ohio, for Creditors' Committee.

DECISION AND ORDER

CHARLES A. ANDERSON, Bankruptcy Judge.

PRELIMINARY PROCEDURE

This matter is before the Court upon Motion to Dismiss filed on 19 August 1981 by American Fidelity Investments, hereinafter AFI. The Court held a hearing on 16 September 1981 to consider the Motion. The following decision is based upon the evidence adduced at the hearing, the parties' legal memoranda, and the record.

FINDINGS OF FACT AND DISCUSSION OF THE...

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