MEMORANDUM OPINION
JOHN D. SCHWARTZ, Chief Judge.
Daniel Murray, the Trustee for the Chicago, Missouri, and Western Railway Company ("CM & W" or "Debtor"), has moved for partial summary judgment against defendants Cushing Trucking, Inc. ("Cushing") and TW Communication Corporation, named herein as TW ComCorp., ("TWC") (collectively the Defendants). In his motion, the Trustee seeks to establish the
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