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IN RE AER-AEROTRON, INC.

Bankruptcy No. 93-00048-5-ATS. Adv. No. S-94-00020-AP.

181 B.R. 268 (1995)

In re AER-AEROTRON, INC., Debtor. Holmes P. HARDEN, Trustee, Plaintiff, v. TEXAS DEPARTMENT OF TRANSPORTATION, Defendant.

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

January 20, 1995.

Attorney(s) appearing for the Case

E.D. Gaskins, Jr. and Robert H. Gourley, Jr., Everette, Gaskins, Hancock & Stevens, Raleigh, NC, for debtor.

Rodney D. Parrott and Katherine E. Kasten, Asst. Attys. Gen., State of Texas Transp. Div., Austin, TX, for Texas Dept. of Transp.

MEMORANDUM OPINION AND ORDER

A. THOMAS SMALL, Chief Judge.

The matter before the court is the supplemental motion to dismiss filed by the Texas Department of Transportation (DOT), the defendant in this adversary proceeding. A hearing was held, with DOT's attorney appearing by telephone conference call, on January 10, 1995, in Raleigh, North Carolina. DOT's motion will be denied.

This adversary proceeding instituted by AER-Aerotron, Inc., the chapter...

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