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IN RE BAKER & GETTY FINANCIAL SERVICES, INC.

Nos. 91-3228, 91-3271 and 91-3445.

954 F.2d 1169 (1992)

In re BAKER & GETTY FINANCIAL SERVICES, INC., et al., Debtors. Carl D. RAFOTH, Trustee, Plaintiff-Appellee/Cross-Appellant, v. NATIONAL UNION FIRE INSURANCE COMPANY, Defendant-Appellant/Cross-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided January 24, 1992.

Attorney(s) appearing for the Case

Daniel R. Swetnam (argued and briefed), Russell A. Kelm and Marion H. Little, Jr., Schwartz, Kelm, Warren & Rubenstein, Columbus, Ohio, and D. Keith Roland, Flask, Policy, Weimer & White, Youngstown, Ohio, for Carl D. Rafoth.

Richard M. Markus (argued and briefed) and Robert Wavrek, Porter, Wright, Morris & Arthur, Cleveland, Ohio, for Nat. Union Fire Ins. Co.

Before NORRIS and SILER, Circuit Judges, and WELLFORD, Senior Circuit Judge.

SILER, Circuit Judge.

Plaintiff/Appellee/Cross-Appellant, Carl D. Rafoth, Trustee, seeks a declaratory judgment of coverage and payment under a fidelity bond. The bankruptcy court decided that this adversary proceeding was a "core" proceeding and defendant was not entitled to a jury trial (the "Bankruptcy Order"). 88 B.R. 137. After a bench trial, plaintiff was awarded $500,000.00 under the fidelity bond. Defendant/Appellant/Cross-Appellee...

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