IN RE NDEP CORP.

Bankruptcy No. 95-1257 (HSB), Civil Action No. 96-270-LON, Adversary No. 96-24.

203 B.R. 905 (1996)

In re NDEP CORPORATION, f/k/a Prospect Industries Corp., Debtor. NDEP CORPORATION, Plaintiff, v. HANDL-IT, INC., an Ohio Corporation, Defendant.

United States District Court, D. Delaware.

December 30, 1996.


Attorney(s) appearing for the Case

Stephen W. Spence and Steven K. Kortanek of Phillips, Goldman & Spence, Wilmington, DE, for Plaintiff, NDEP Corporation.

Laura Davis Jones and S. David Peress of Young, Conaway, Stargatt & Taylor, Wilmington, DE, for Defendant, Handl-It, Inc.


OPINION

LONGOBARDI, District Judge.

I. FACTUAL BACKGROUND

This case arises out of the bankruptcy of NDEP Corporation ("NDEP"). NDEP petitioned for bankruptcy on October 11, 1995. On February 2, 1996, NDEP initiated this adversary proceeding by filing a complaint against Handl-It, Inc. ("Handl-It") in the United States Bankruptcy Court for the District of Delaware. The complaint alleges that...

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