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IN RE PERFORMANCE NUTRITION, INC.

Bankruptcy No. 97-30566-HCA-7. Adversary No. 397-3452.

239 B.R. 93 (1999)

In re PERFORMANCE NUTRITION, INC., Debtor. Jeffrey H. Mims, Trustee, Plaintiff, v. Kennedy Capital Management, Inc., Anthony Roth, David Wynne, and Naturade, Inc., Defendants.

United States Bankruptcy Court, N.D. Texas, Dallas Division.

March 10, 1999.

Attorney(s) appearing for the Case

W. Mike Baggett, William L. Wallander, John P. Kincade, Phillip Lamberson, Winstead Sechrest & Minick P.C., Dallas, TX, for trustee.

Charles A. Gall, Lawrence Chek, Jenkens & Gilchrist, P.C., Dallas, TX, for Naturade, Inc.

Fredrick E. Roth, Richard T. LiPuma, Roth/LiPuma Law Firm, P.C., for Anthony Roth.

JUDGMENT

HAROLD C. ABRAMSON, Bankruptcy Judge.

Came before the Court for trial, the Second Amended Complaint, filed by Jeffrey H. Mims ("Mims"), Trustee, on December 29, 1997, and further defined by the Joint PreTrial Order filed on July 20, 1998.

Pursuant to the Findings of Fact and Conclusions of Law signed by the Court on March 10, 1999, the Court awards judgment in favor of the Trustee as follows:

1. The amount of $1,774,000 actual...

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