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IN RE APS HOLDING CORP.

Bankruptcy No. 98-197 PJW. Adversary No. 00-00237.

282 B.R. 795 (2002)

In re APS HOLDING CORPORATION, APS, Inc., APS Management Services, Inc., American Parts System, Inc., APS Supply, Inc., Autoparts Finance Company, Inc., Big A Auto Parts, Inc., Installers' Service Warehouse, Inc., Parts, Inc., and Presatt, Inc., Reorganized Debtors. Dale K. Harbour, as Plan Administrator for the substantively consolidated chapter 11 estates of APS Holding Corporation, et al., Plaintiff, v. ABX Enterprises, Inc., Defendant.

United States Bankruptcy Court, D. Delaware.

August 21, 2002.

Attorney(s) appearing for the Case

John C. Phillips, Jr., Phillips, Goldman & Spence, Wilmington, DE, Howard T. Duncan, Omaha, Nebraska, for defendant.

William H. Sudell, Donna L. Culver, Jason W. Staib, Morris, Nichols, Arsht & Tunnell, Wilmington, DE, for plaintiff.

MEMORANDUM OPINION

PETER J. WALSH, Chief Judge.

Before the court are the cross-motions (Docs. # 22, 25, respectively) of ABX Enterprises, Inc. ("Defendant") and Dale K. Harbour ("Plaintiff") for summary judgment. I will deny both motions for the reasons discussed below.

APS Holding Corporation and certain of its affiliates (collectively, "Debtors") filed voluntary petitions for relief under chapter 11 of the Bankruptcy Code on February 2, 1998 (...

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