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IN RE BALAY

Bankruptcy No. 88 B 17179, Adv. No. 89 A 0465.

113 B.R. 429 (1990)

In re Jessie C. BALAY, Debtor. Joel A. SCHECHTER, Trustee in Bankruptcy, Plaintiff, v. Jessie C. BALAY, Abbott Laboratories Stock Retirement Plan, Abbott Laboratories Annuity Retirement Plan and Retirement Program Committee, Defendants.

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

March 9, 1990.

Attorney(s) appearing for the Case

Ronald E. Brandt of Brandt & Cox, Lake Villa, Ill., for debtor-defendant.

Joel A. Schechter of Grossman, Mitzenmacher & Schechter, Chicago, Ill., for plaintiff.

Mary Zerega of McDermott, Will & Emery, Chicago, Ill., for remaining defendants, Abbott Laboratories et al.

MEMORANDUM OPINION

JOHN D. SCHWARTZ, Chief Judge.

This matter comes before the court on the cross motions of Joel A. Schechter, Trustee in Bankruptcy ("Trustee") and Abbott Laboratories Stock Retirement Plan ("Stock Plan"), Abbott Laboratories Annuity Retirement Plan ("Annuity Plan") and Retirement Program Committee ("Committee") (collectively "Defendants") for Summary Judgment pursuant to Rule 56 of the F.R.C.P., applicable to this proceeding by virtue...

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