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IN RE AMERICAN CROP SERVICES, INC.

Bankruptcy Nos. 00-10366, 00-10367. Adversary No. 00-5273.

258 B.R. 699 (2001)

In re AMERICAN CROP SERVICES, INC., Chickasaw Chemical Co., Inc., Debtors. Novartis Crop Protection, Inc., Plaintiff, v. American Crop Services, Inc., and Harris Trust and Savings Bank, Defendants.

United States Bankruptcy Court, W.D. Tennessee, Eastern Division.

February 12, 2001.

Attorney(s) appearing for the Case

Michael P. Coury, Waring & Cox, P.L.C., Memphis, TN, for American Crop Services.

James E. Bailey, III., Humphreys, Dunlap, Wellford, Acuff & Stanton, P.C., Memphis, TN, James E. Spiotto, Michael T. Benz, Mark D. Rasmussen, Chapman and Cutler, Chicago, IL, for Harris Trust and Savings Bank.

Charles C. Exum, Rainey, Kizer, Butler, Reviere & Bell, P.L.C., Jackson, TN, for Novartis Crop Protection, Inc.

MEMORANDUM OPINION AND ORDER RE MOTIONS TO DISMISS FILED by (1) HARRIS TRUST AND SAVINGS BANK and (2) AMERICAN CROP SERVICES, INC.

G. HARVEY BOSWELL, Bankruptcy Judge.

The Court conducted a hearing on the Motions to Dismiss filed by the defendants in this matter on January 24, 2001. FED. R.BANKR.P. 9014. Pursuant to 28 U.S.C. § 157(b)(2), this is a core proceeding. After reviewing the testimony from the hearing and the record as a whole,...

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