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CANANWILL, INC. v. EMAR GROUP, INC.

Nos. 2:96CV00558, 2:96CV00560, 2:97CV00338.

250 B.R. 533 (1999)

CANANWILL, INC.; Reliance Insurance Company; and W. Joseph Burns, Trustee for Pilot Freight Carriers, Inc., Plaintiffs, v. EMAR GROUP, INC.; Walsh Group, Inc.; National Union Insurance Company of Pittsburgh, P.A.; American Home Insurance Company; AIG Risk Management, Inc; American International Group; Van Buerden & Associates Insurance Services, Inc., Defendants.

United States District Court, M.D. North Carolina.

March 5, 1999.

Attorney(s) appearing for the Case

Eric P. Handler, Turner Enochs & Llyod, P.A., Greensboro, NC, for Cananwill, Inc., Reliance Insurance Company.

Robert E. Price, Jr., Robert E. Price, Jr. & Assoc., P.A., Winston-Salem, NC, for W. Joseph Burns, Trustee for Pilot Freight Carriers, Inc., plaintiff.

Michael F. Schultze, Cranford, Schultze & Tomchin, Charlotte, NC, for Van Buerden & Associates Insurance Services, Inc., appellant.

Kristen G. Lingo, Manning, Fulton & Skinner, Raleigh, NC, Michael T. Medford, Manning, Fulton & Skinner, Raleigh, NC, for EMAR Group, Inc., Walsh Group, Inc.

Kenneth Richard Jacobson, Jacobson & Beavers, Greensboro, NC, Robert E. Boydoh, Jr., Jacobson & Beavers, Greensboro, NC, for National Union Fire Insurance Company of Pittsburgh, PA, American Home Assurance Company, AIG Risk Management, Inc., and American International Group.

Michael F. Schultze, Cranford, Schultze & Tomchin, Charlotte, NC, for Van Buerden & Associates Insurance Services, Inc., defendant.

MEMORANDUM OPINION

BEATY, District Judge.

I. INTRODUCTION

This matter is before the Court on appeal from an order of the United States Bankruptcy Court for the Middle District of North Carolina. For the reasons stated herein, and as a result of a de novo review, the decision of the Bankruptcy Court is affirmed to the extent that it is consistent, and reversed to the extent it is inconsistent, with the rulings set forth in this Memorandum...

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