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IN RE DIAGNOSTIC INSTRUMENT GROUP, INC.

Bankruptcy No. 01-00273-8W1. Adversary No. 01-591.

276 B.R. 302 (2002)

In re DIAGNOSTIC INSTRUMENT GROUP, INC., Nelson H. Tobin, Debtors. Official Committee of Unsecured Creditors by and Through Michael C. Markham, Committee Designee Under the Confirmed Plan, Plaintiff, v. Hilary Jon Lerner, et al., Defendants.

United States Bankruptcy Court, M.D. Florida, Tampa Division.

April 19, 2002.

Attorney(s) appearing for the Case

Michael C. Markham, Johnson, Blakely, Pope, Bokor, Ruppel & Burns, P.A., Clearwater, FL, for Official Committee of Unsecured Creditors.

Carrie Beth Baris, Jeffrey W. Warren, Bush, Ross, Gardner, Warren & Rudy, P.A., Tampa, FL, for Hilary Jon Lerner.

Stephen R. Leslie, Harley E. Riedel, II, Stichter, Riedel, Blain & Prosser, P.A., Tampa, FL, for Debtors.

Memorandum Decision and Order on Cross-Motions for Summary Judgment with Respect to Count I of the Complaint (Hilary Jon Lerner)

MICHAEL G. WILLIAMSON, Bankruptcy Judge.

This adversary proceeding came on for hearing on April 4, 2002 ("Hearing"), on a motion for summary judgment ("Committee Motion")(Doc. No. 164) filed by the Official Committee of Unsecured Creditors ("Committee") of Diagnostic Instrument Group, Inc. ("Diagnostic") and on a motion for...

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