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IN RE MAXX RACE CARDS, INC.

Bankruptcy No. 96-31264. Adversary No. 97-3081.

266 B.R. 74 (1998)

In re MAXX RACE CARDS, INC., Debtor. Richard M. Mitchell, Trustee, Plaintiff, v. The Erin Mills Capital Corporation, The Erin Mills Development Corporation, The Erin Mills Investment Corporation, Annalee Cohen, Gerry Quinn, Stephen Greaves, Wayne Budd, and James Glover, Defendants.

United States Bankruptcy Court, W.D. North Carolina, Charlotte Division.

December 8, 1998.

Attorney(s) appearing for the Case

David R. Badger, David R. Badger, P.A., John H. Culver, III, Kennedy, Covington, Lodbell & Hickman, David M. Grogan, Shumaker, Loop & Kendrick, LLP, Stephen R. Hunting, Parker, Poe, Thompson, Bernstein, Bradley E. Pearce, Moore & Van Allen, J. William Porter, Parker, Poe, Adams & Bernstein, LLP, David M. Schilli, Robinson, Bradshaw & Hinson, P.A., Charlotte, NC, Howard Feller, McGuire, Woods, Battle & Boothe, Richmond, VA, Douglas C. Kittelson, Dallas, TX, Michael G. Neri, Schnader, Harrison, Segal & Lewis, Philadelphia, PA, for creditors.

R. Keith Johnson, R. Keith Johnson, P.A., Charlotte, NC, for Maxx Race Cards, Inc.

Richard M. Mitchell, Mitchell, Rallings & Tissue, PLLC, Charlotte, NC, for trustee.

Shannon Lowry Nagle, Glass, McCullough, Sherrill & Harrold, Atlanta, GA, for Toin Corporation U.S.A.

Judy D. Thompson, Poyner & Spruill, Charlotte, NC, for The Unsecured Creditors' Committee.

ORDER

J. CRAIG WHITLEY, Bankruptcy Judge.

THIS MATTER came to be heard on October 22, 1998 on two separate motions by the defendants for summary judgment. One motion for summary judgment was filed by The Erin Mills Capital Corporation, The Erin Mills Development Corporation and The Erin Mills Investment Corporation (the Erin Mills defendants) along with Annalee Cohen (Cohen), Gerry Quinn (Quinn) and Stephen Greaves (Greaves). The other motion for...

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