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IN RE McCALLA INTERIORS, INC.

Bankruptcy No. 95-61071, Adv. No. 97-6039.

228 B.R. 657 (1998)

In re McCALLA INTERIORS, INC., Debtor. James R. Kandel, Trustee, Plaintiff, v. Mrs. Josette McCalla, et al., Defendants.

United States Bankruptcy Court, N.D. Ohio.

December 14, 1998.

Attorney(s) appearing for the Case

Edwin H. Breyfogle, Massillon, OH, for debtor.

Anthony J. DeGirolamo, Roetzel & Andress, Akron, OH, for plaintiff.

Mark W. Iannotta, Strip, Fargo, Schulman & Hoppers Co., L.P.A., Columbus, OH, for defendant.

MEMORANDUM OF DECISION

JAMES H. WILLIAMS, Bankruptcy Judge.

Pending before the Court is the Second Amended Complaint of the Plaintiff, James R. Kandel, the Chapter 7 Trustee (Trustee) for McCalla Interiors, Inc. (Debtor), seeking a finding that the Defendant, now known as Josette Holland, (hereinafter, Mrs. Holland or Holland) breached her fiduciary duty to the Debtor corporation by usurping corporate opportunities that were in the Debtor's line of business...

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