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IN RE CHEMISPHERE PARTNERS

Bankruptcy Nos. 86 B 4766, 86 B 4769, Adv. No. 88 A 138.

90 B.R. 380 (1988)

In re CHEMISPHERE PARTNERS, Chemisphere Incorporated, Debtors. Jay A. STEINBERG, Trustee, Plaintiff, v. NATIONAL SURVEY SERVICE INC. and Gateway Supply Co., Defendants.

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

September 16, 1988.

Attorney(s) appearing for the Case

Richard M. Fogel, Schiller, Klein & Steinberg, Chicago, Ill., for plaintiff.

Robert A. Novelle, Serpico, Novelle, Dvorak & Navigato, Ltd., Chicago, Ill., for National Survey Service Inc.

Samuel H. Levine, Harold I. Levine, Ltd., Chicago, Ill., for Gateway Supply Co.

MEMORANDUM OPINION SUPPORTING FINAL DISMISSAL OF COUNT I

JACK B. SCHMETTERER, Bankruptcy Judge.

In Count I the Plaintiff Trustee seeks a declaration that the mechanics' lien claimed by Defendant National Survey Service Inc. against Debtors' property is invalid and unfavorable. He asks that such lien be set aside under 11 U.S.C. § 544. The basis alleged is the failure of Defendant to file suit to enforce its lien within two years of work completion as...

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