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IN RE AMPACE CORP.

Bankruptcy No. 98-2772(PJW), Adversary No. A-00-2033.

279 B.R. 145 (2002)

In re AMPACE CORPORATION and Ampace Freightlines, Inc., Debtors. Howard Cohen, as Liquidating Trustee for the Estates of Ampace Corporation and Ampace Freightlines, Inc., Plaintiff, v. TIC Financial Systems, Defendant.

United States Bankruptcy Court, D. Delaware.

May 3, 2002.

Attorney(s) appearing for the Case

Joseph Grey, Stevens & Lee, Wilmington, DE, William R. O'Bryan, Jr., Candice L. Reed, Nashville, TN, for Comdata Network, Inc. f/k/a TIC Financial Systems.

Steven K. Kortanek, Denise Seastone Kraft, Stephanie A. Fox, Klehr, Harrison, Harvey, Branzburg & Ellers, LLP, Wilmington, DE, for Howard Cohen, as Liquidating Trustee.

MEMORANDUM OPINION

PETER J. WALSH, Chief Judge.

Before the court is the motion (Doc. # 13) of Comdata Network, Inc. f/k/a TIC Financial Systems ("Comdata" or "Defendant") for summary judgment. I will deny the motion for the reasons discussed below.

BACKGROUND

Ampace Corporation and Ampace Freightlines, Inc. (collectively, "Debtors") filed voluntary petitions for relief under chapter 11 of the Bankruptcy Code on December 15, 1998 ("Petition...

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