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IN RE COLOR TILE, INC.

Bankruptcy Nos. 96-76 to 96-80. Adversary No. A98-103.

239 B.R. 872 (1999)

In re COLOR TILE, INC., Color Tile Holdings, Inc., Color Tile Franchising, Inc., Color Tile Manufacturing, Inc., and C. Tile Transportation, Inc., Debtors. The Unsecured Creditors' Committee On Behalf Of The Debtors' Estates, Plaintiff, v. CBA Industries, Inc., et al., Defendants.

United States Bankruptcy Court, D. Delaware.

October 13, 1999.

Attorney(s) appearing for the Case

Thomas L. Ambro, David W. Carickhoff, Jennifer Bebka, Richards, Layton, & Finger, Wilmington, DE, and Douglas M. Chalmers, Bell, Boyd & Lloyd, Chicago, IL, Counsel for Plaintiff.

Robert B. Anderson, McCarter & English, LLP, Wilmington, DE, David Golub, Williams, Caliri, Miller & Otley, Wayne, NJ, Counsel for CBA Industries, Inc.

MEMORANDUM OPINION AND ORDER1

JUDITH K. FITZGERALD, Bankruptcy Judge.

Pending before the Court are cross motions for summary judgment filed on behalf of plaintiff and defendant CBA Industries, Inc. For the reasons which follow, the court will grant the motion for summary judgment on behalf of CBA Industries, Inc., and deny the motion on behalf of the plaintiff.

The issue...

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