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IN RE E-Z SERVE CONVENIENCE STORES, INC.

Bankruptcy No. 02-83138, Civ. No. 1:03CV00921.

318 B.R. 631 (2004)

In re E-Z SERVE CONVENIENCE STORES, INC. et al., Debtors. The CIT Group/Business Credit, Inc., Appellant, v. Official Committee of Unsecured Creditors of E-Z Serve Convenience Stores, Inc., et al., and Richard M. Hutson, II, Trustee for the Bankruptcy Estates of E-Z Serve Convenience Stores, Inc., et al., Appellees.

United States Bankruptcy Court, M.D. North Carolina.

December 17, 2004.

Attorney(s) appearing for the Case

Kenneth M. Greene, Carruthers & Roth, P.A., Greensboro, NC, for Appellant.

Lisa P. Sumner, Gentry, Locke, Rakes & Moore, Roanoke, VA, Brent C. Strickland, Dennis J. Shaffer, Martin T. Fletcher, Whiteford, Taylor & Preston, L.L.P., Baltimore, MD, Official Committee of Unsecured Creditors, c/o Lisa P. Sumner Poyner & Spruill, LLP, Raleigh, NC, John A. Northen, Northen Blue, L.L.P., Chapel Hill, NC, for Appellees.

MEMORANDUM ORDER

TILLEY, Chief Judge.

This appeal arises out of the bankruptcy case involving E-Z Serve Convenience Stores, Inc.; E-Z Serve Corporation; SSCH Holding Corp.; Swifty Serve, LLC; and Swifty Serve Holding Corp. (collectively the "Debtors"), and is currently before this Court on appeal of an order entered by the United States Bankruptcy Court for the Middle District of North Carolina on May 9, 2003, denying...

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