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IN RE FLORIDA WEST GATEWAY, INC.

Bankruptcy No. 92-14091-BKC-AJC. Adv. No. 94-0741-BKC-AJC-A.

182 B.R. 595 (1995)

In re FLORIDA WEST GATEWAY, INC., Debtor. Joel L. TABAS, as Trustee of Florida West Gateway, Inc., Plaintiff, v. John J. MALONEY; John V. "Clyde" Maloney; Eagle Trust; Clifford Brandt; Edwin Hunter; Hunter and Boland; Schillileagh Air, Inc.; Comtran International, Inc.; and John Does 1 Through 10, Defendants.

United States Bankruptcy Court, S.D. Florida, Miami Division.

April 25, 1995.

Attorney(s) appearing for the Case

Mark J. Bernet, Stearns, Weaver, Miller, Weissler, Alhadeff & Sitterson, P.A., Tampa, FL, for trustee.

Arthur H. Rice, Arthur Halsey Rice & Associates, P.A., Miami, FL, for trustee.

Jesse C. Jones, Bailey, Hunt & Jones, P.A., Miami, FL, for Clifford Brandt.

Herbert Stettin, Herbert Stettin, P.A., Miami, FL, for Edwin Hunter and Hunter & Boland.

Homer Marlow, Marlow, Connell, Valerius, Abrams, Lowe & Adler, Miami, FL, for Edwin Hunter and Hunter & Boland.

John W. Kozyak, Kozyak Tropin Throckmorton & Humphreys, P.A., Miami, FL, for Comtran Intern., Inc.

Joel P. Kay, Sheinfeld, Maley & Kay, Houston, TX.

Joel L. Tabas, trustee, Miami, FL.

AMENDED FINDINGS OF FACT AND CONCLUSIONS OF LAW

A. JAY CRISTOL, Chief Judge.

This matter is before the Court on the motion of Clifford Brandt ("Brandt") for summary judgment as to Count I of the Trustee's amended complaint. By the motion, Brandt raises the sole argument that the Trustee's action was commenced after the expiration of the applicable statute of limitations.1 This is a core proceeding and this Court therefore...

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