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IN RE UNIVERSAL FACTORING CO., INC.

Bankruptcy Nos. 98-03383-M, 98-03807-M, Adversary No. 00-0203-M.

279 B.R. 297 (2002)

In re UNIVERSAL FACTORING COMPANY, INC., James Ray Eckhart, and The James Dawson Eckhart and Sydne Marie Eckhart Irrevocable Trust, Dated May 1, 1996, Debtors. Patrick J. Malloy, III, Trustee, Plaintiff, v. Mulkey Tire, Inc., Defendant.

United States Bankruptcy Court, N.D. Oklahoma.

June 12, 2002.

Attorney(s) appearing for the Case

Patrick J. Malloy, III, Tulsa, OK, for plaintiff.

Michael Hayes Freeman, Tulsa, OK, for defendant.

ORDER DENYING MOTION TO DISMISS

TERRENCE L. MICHAEL, Bankruptcy Judge.

THIS MATTER comes before the Court pursuant to the Defendant's Motion to Dismiss all Claims for Relief and Brief in Support Thereof (the "Motion") filed by Mulkey Tire, Inc., Defendant herein ("Mulkey"), the Plaintiff's Response to Defendant's Motion to Dismiss and Supporting Brief (the "Response") filed by Patrick J. Malloy, III, Trustee and Plaintiff herein ("Trustee" or "Malloy"),...

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