MEMORANDUM OPINION
SWEET, District Judge.
Claimant Oscar Porcelli ("Porcelli") has moved for summary judgment dismissing the cross-claim and counterclaims against him in this action. For the following reasons, the motion is denied.
The parties and facts involved in this action are discussed in prior opinions of this court, familiarity with which is assumed. See In re Complaint of Poling Transp. Corp.,
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