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IN RE AAPEX SYSTEMS, INC.

Bankruptcy No. 98-20728. Adversary No. 99-2135.

273 B.R. 35 (2002)

In re AAPEX SYSTEMS, INC., Debtors. Lucien A. Morin, II, Trustee of AAPEX Systems, Inc., Plaintiffs, v. CERES Corporation, Defendants.

United States District Court, W.D. New York.

January 31, 2002.

Attorney(s) appearing for the Case

Jeffrey A. Dove, Menter, Rudin, Trivelpiece, Syracuse, NY, for Plaintiff.

James W. Gormley, Damon & Morey LLC, Buffalo, NY, for Defendant.

DECISION & ORDER

JOHN C. NINFO, II, Chief Judge.

BACKGROUND

On February 27, 1998, an involuntary Chapter 7 petition was filed against AAPEX Systems, Inc. ("AAPEX"). An Order for Relief was entered on March 23, 1998, after AAPEX consented to the relief requested in the involuntary petition, and on April 1, 1998, Lucien A. Morin, II, Esq. was appointed as the Chapter 7 case trustee (the "Trustee").

AAPEX had been in the business...

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