IN RE TIDEWATER DESIGNS, INC.

Bankruptcy No. 99-06176-8-JRL. Adversary No. L-01-00062-8-AP.

276 B.R. 733 (2002)

In re TIDEWATER DESIGNS, INC., Debtor. Tidewater Designs, Inc., Plaintiff, v. Evergreen America Corp., Defendant.

United States Bankruptcy Court, E.D. North Carolina, Wilson Division.

April 16, 2002.


Attorney(s) appearing for the Case

David J. Haidt, New Bern, NC, for plaintiff.

John Richard Newton, Wilmington, NC, for defendant.


AMENDED ORDER

J. RICH LEONARD, Chief Judge.

This adversary proceeding is before the court on the defendant's motion for summary judgment. A hearing was held on March 27, 2002 in Wilson, North Carolina. For the reasons stated below, the defendant's motion is granted.1

I. Standard of Review

"[S]ummary judgment is proper `if the pleadings, depositions, answers to interrogatories and admissions on...

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