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IN RE NATURALLY BEAUTIFUL NAILS, INC.

Bankruptcy Nos. 95-321-8P1 and 95-802-8P1. Adversary No. 98-727 and 99-160.

243 B.R. 827 (1999)

In re NATURALLY BEAUTIFUL NAILS, INC., Nail Masters, Inc., Debtors. Naturally Beautiful Nails, Inc., Plaintiff, v. Bay Area Capital, Inc., Intervenor-Plaintiff, v. Wal-Mart Stores, Inc., d/b/a Sam's Club, Defendant.

United States Bankruptcy Court, M.D. Florida, Tampa Division.

December 9, 1999.

Attorney(s) appearing for the Case

Buddy D. Ford, Tampa, FL, Bernard H. Gentry, Richard M. Clark, Lakeland, FL, Neal L. O'Toole, Bartow, FL, Richard C. Prosser, Tampa, FL, Vincent M. D'Assaro, Orlando, FL, Whitney Head, Bentonville, AR.

ORDER ON DEFENDANT'S MOTION FOR SUMMARY JUDGMENT AGAINST DEBTORS ON COUNTS I AND II OF COMPLAINT (DOC. NO. 23)

ALEXANDER L. PASKAY, Chief Judge.

THIS CAUSE came on for hearing upon the Motion for Summary Judgment filed by Wal-Mart Stores, Inc., d/b/a Sam's Club (Sam's Club). The Motion is addressed to Counts I and II of the Complaint filed by Naturally Beautiful Nails (Debtor). The claim set forth in Count III is based on an alleged breach of...

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