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IN RE BENNETT FUNDING GROUP, INC.

Bankruptcy No. 96-61376. Adversary No. 98-42742.

253 B.R. 316 (2000)

In re THE BENNETT FUNDING GROUP, INC., Debtors. Richard C. Breeden, Trustee of the Bennett Funding Group, Inc., et al., Plaintiff, v. Northeast Binding Systems, Defendant.

United States Bankruptcy Court, N.D. New York.

June 26, 2000.

Attorney(s) appearing for the Case

Saperston & Day, P.C., Special Counsel for § 1104 Trustee, Syracuse, NY, Kenneth M. Alweis, of counsel.

Schoenberg, Fisher, Newman & Rosenberg, Ltd., for Northeast Binding Systems, Chicago, IL, Robert C. Goldberg, of counsel.

Menter, Rudin & Trivelpiece, P.C., for Northeast Binding Systems, Syracuse, Jeffrey A. Dove, of counsel.

Shumaker, Loop & Kendrick, LLP, for Danka Office Imaging Company, Toledo, OH, David J. Coyle, of counsel.

Weil, Gotshal & Manges, LLP, for Matsushita Electric Corp., New York City, Malora Mathis-Mccullouch, of counsel.

MEMORANDUM-DECISION, FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER

STEPHEN D. GERLING, Chief Judge.

Presently before the Court is a motion for summary judgment ("Motion") filed by Northeast Binding Systems ("Defendant") on November 2, 1999, in connection with a complaint filed against it by Richard C. Breeden ("Trustee") as chapter 11 trustee of The Bennett Funding Group, Inc. ("BFG") and the consolidated estates (collectively, the "Debtors")

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