Eagle-Picher Industries, Inc. v. Controlled Power Co. (In Re Eagle-Picher Industries, Inc.)

DECISION AND ORDER ON MOTION SUMMARY JUDGMENT RE CLAIM OF CONTROLLED POWER COMPANY

BURTON PERLMAN, Bankruptcy Judge.

A creditor, Controlled Power Company (“CPC”), filed claim # 3553 in these consolidated eases in the amount of $7 million. In support of its claim, CPC attached a copy of a complaint which it had filed in a U.S. District Court, allegedly causes of action against Eagle-Picher for breach of warranty, breach of contract, and misrepresentation of facts in connection with a contract pursuant to which Eagle-Picher provided electrical batteries to CPC. (The claim is made specifically…