MEMORANDUM OPINION
KISER, District Judge.
This matter is before me on a motion for summary judgment filed by plaintiff. This is an adversary proceeding brought by the Official Committee of Unsecured Creditors of C-T of Virginia, Inc., formerly Craddock-Terry Shoe Corporation on behalf of C-T of Virginia against PaineWebber, Inc. This suit arises out of a statutory merger wherein C-T merged with HH Holdings, Inc. ("HH").
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