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IN RE JAMES B. DOWNING & CO.

Bankruptcy Nos. 85 B 14986, 85 B 17220, Adv. No. 86 A 305.

74 B.R. 906 (1987)

In re JAMES B. DOWNING & COMPANY, Debtor. In re Carol HOEKSTRA, Debtor. OFFICIAL CREDITORS' COMMITTEE OF JAMES B. DOWNING & COMPANY, debtor and debtor in possession in Case No. 85 B 14986, Plaintiff, v. AGRI DAIRY PRODUCTS, INC.; Cereal By Products; Better Nutrients; Carol Hoekstra; and James H. Wooten, Jr., Trustee of the Estate of Carol Hoekstra, Defendants.

United States Bankruptcy Court, N.D. Illinois, E.D.

June 12, 1987.

Attorney(s) appearing for the Case

Stephen T. Bobo, Towbin & Zazove, Ltd., Chicago, Ill., for Official Creditors' Committee of James B. Downing & Co.

Nicholas F. Maniscalco, Chicago, Ill., for Cereal By Products and Better Nutrients.

ROBERT E. GINSBERG, Bankruptcy Judge.

This matter is before the Court on the motion of the plaintiff, the Official Creditors Committee (the "Committee") of James B. Downing & Company ("Downing") for summary judgment against the defendants Cereal-By-Products ("Cereal") and Better Nutrients ("Nutrients").

The basic facts are simple. Downing had a facility in Adell, Wisconsin which produced a standard grade of solid whey called Norwhey. On January 22, 1985...

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