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IN RE ALLPOINTS WAREHOUSING IN LIQUIDATION, INC.

Bankruptcy No. 94-692. No. CIV. A. 00-217-SLR.

259 B.R. 824 (2001)

In the Matter of ALLPOINTS WAREHOUSING IN LIQUIDATION, INC., a Delaware corporation, Debtor. Jeoffrey L. Burtch, Chapter 7 Trustee, Plaintiff, v. Gerald Wendel, a/k/a Jerry Wenden; Stuart Lichter; Barry Lang; and Thomas Bopp, the aforesaid parties being individuals; the MBJR Trust; and Quadrelle Realty Services, a division of Quadrelle Group, Inc., a New York corporation, and Wilentz, Goldman & Spitzer, P.C., Defendants.

United States District Court, D. Delaware.

March 13, 2001.

Attorney(s) appearing for the Case

Gregory J. Weinig, and Jeoffrey L. Burtch, of Cooch and Taylor, Wilmington, Delaware, for the Trustee.

Daniel Kinburn, of Dwyer, Kinburn, Hall & Golub, Totowa, New Jersey, Special Counsel to the Trustee.

Daniel R. Rath, Eric Lopez Schnabel, and Rebecca L. Butcher, of Klett Rooney Lieber & Schorling, Wilmington, Delaware, for the Allpoints Defendants and Quadrelle Defendants.

Barry M. Klayman, of Wolf, Block, Schorr and Solis-Cohen, Wilmington, Delaware, for defendants Wilentz, Goldman & Spitzer, P.C.

MEMORANDUM OPINION

SUE L. ROBINSON, Chief Judge.

I. INTRODUCTION

The instant lawsuit was initiated on December 4, 1998 by plaintiff Jeoffry L. Burtch as Chapter 7 Trustee for debtor Allpoints Warehousing in Liquidation, Inc. ("debtor"). Pursuant to 11 U.S.C. § 541, plaintiff trustee has filed a complaint asserting state law causes of action purportedly belonging to debtor as of the petition date of July 20, 1994 against various...

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