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IN RE LaROCHE INDUSTRIES, INC.

Bankruptcy Nos. 00-1859 (JCA), 00-1860(JCA). Adversary No. 02-3166 (JCA).

284 B.R. 406 (2002)

In re LaROCHE INDUSTRIES, INC., et al., Debtors. LaRoche Industries, Inc., et al., Plaintiffs, v. General American Transportation Corp., Defendants.

United States Bankruptcy Court, D. Delaware.

September 23, 2002.

Attorney(s) appearing for the Case

David B. Kurzweil, Greenberg Traurig, LLP, Atlanta, GA, Laurie A. Krepto, Greenberg Traurig LLP, Wilmington, DE, for Debtors.

Steven M. Yoder, The Bayard Firm, Wilmington, DE, Gerald F. Munitz, Goldberg, Kohn, Bell, Black, Rosenbloom & Moritz, Ltd., Chicago, IL, for GATX.

MEMORANDUM OPINION ON MOTION FOR SUMMARY JUDGMENT

JOHN C. AKARD, Bankruptcy Judge.

Before the Court is the motion of GATX Financial Corporation, successor to General American Transportation Corp. and GATX Rail Corporation (collectively, GATX), for summary judgment pursuant to Federal Rule of Bankruptcy Procedure 7056 (Motion)1. The Motion seeks dismissal of the complaint of LaRoche Industries, Inc. with prejudice. Because...

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