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IN RE SVERICA ACQUISITION CORP., INC.

Bankruptcy No. 92-24625 DWS. Adv. No. 94-2110.

179 B.R. 457 (1995)

In re SVERICA ACQUISITION CORPORATION, INC., a/k/a Sverica Acquisition Subsidiary, Inc., Debtor. Michael KALINER, Trustee, Plaintiff, v. LOAD RITE TRAILERS, INC., Donald D. Paul, J. Bruce Chambers, Robert R. Johnston, Johnston Acquisition Corporation, Inc. and Continental Bank, N.A., f/k/a Continental Illinois National Bank and Trust Company of Chicago, Defendants.

United States Bankruptcy Court, E.D. Pennsylvania.

March 23, 1995.

Attorney(s) appearing for the Case

J. Gregg Miller, Philadelphia, PA, for Load Rite Trailers, Inc.

Anthony L. Lamm, Lafayette Hill, PA, Michael J. Sullivan, Michael I. Conlon, Detroit, MI, for Robert R. Johnston and Johnston Acquisition Corp., Inc.

Warren T. Pratt, Philadelphia, PA, for Bank of America Illinois.

Robert P. Simons, Chapter 7 Trustee, Pittsburgh, PA.

Michael Kaliner, Chapter 7 Trustee, Fairless Hills, PA.

Joseph Minni, U.S. Trustee, Philadelphia, PA.

OPINION

DIANE WEISS SIGMUND, Bankruptcy Judge.

Presently before the Court are two Motions to Dismiss the Second Amended Complaint in the above captioned adversary proceeding. The first Motion to Dismiss ("Motion I") was filed by Defendants Load Rite Trailers, Inc. ("PA Load Rite"), Donald A. Paul ("Paul"), and J. Bruce Chambers ("Chambers") (collectively the "Load Rite Defendants"). The second Motion to Dismiss ("Motion II") was filed by Defendant...

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