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IN RE INDUSTRIAL FREIGHT SYSTEM, INC.

Bankruptcy No. LA93-41245. Adv. Nos. LA-95-03450-ER, LA-95-04018-ER.

191 B.R. 825 (1996)

In re INDUSTRIAL FREIGHT SYSTEM, INC., Debtor. Duke SALISBURY, Chapter 7 Trustee, Plaintiff, v. S.B. POWER TOOL, A DIVISION OF ROBERT BOSCH, Defendant. Duke SALISBURY, Chapter 7 Trustee of the Bankruptcy Estate of Industrial Freight System, Inc., Plaintiff, v. BARNETT, INC., dba Barnett Brass & Copper, Defendant.

United States Bankruptcy Court, C.D. California.

January 24, 1996.

Attorney(s) appearing for the Case

Joseph L. Steinfeld and Joseph A. Hess of Shawn, Mann & Niedermayer, L.L.P., Washington, DC, for the Trustee.

Richard H. Streeter of Barnes & Thornburg, Washington, DC, Geoffrey L. Bryan of Akre, Bryan & Chang, Los Angeles, CA, for S.B. Power Tool.

Mark A. Dickerson, Pleasant Hill, CA, for Barnett, Inc.

MEMORANDUM OF DECISION

ERNEST M. ROBLES, Bankruptcy Judge.

On December 11, 1995, this court heard argument on the motion brought by S.B. Power Tool, a division of Robert Bosch ("S.B. Power") for partial judgment on the pleadings pursuant to Federal Rule of Bankruptcy Procedure 7012 dismissing certain counts of the complaint1 filed by Duke Salisbury, the chapter 7 trustee ("Trustee") of debtor Industrial Freight System, Inc.,...

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