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IN RE SENTRY OPERATING CO. OF TEXAS, INC.

Bankruptcy No. 01-60129-V2-11. Adversary No. 01-6003.

273 B.R. 515 (2002)

In re SENTRY OPERATING COMPANY OF TEXAS, INC., et al., Debtor. Sentry Operating Co. and Sentry Operating Co. of Kansas, Inc., Plaintiff, v. Harry Billings, Melba Billings, Glen Billings and Linda Billings, Robert S. Wharton, Patsy R. Wharton, Robert A. Wharton and Coletta Wharton, Defendants.

United States Bankruptcy Court, S.D. Texas, Houston Division.

February 1, 2002.

Attorney(s) appearing for the Case

Edward L. Rothberg, Weycer, Kaplan, Pulaski & Zuber, Houston, TX, for debtor/plaintiff.

Kiran A. Phansalkar, Conner & Winters PC, Oklahoma City, OK, for creditor/defendant.

John P. Dillman, Linebarger, Heard, et al., Thomas H. Grace, Locke Liddell et al., Peter Johnson, Attorney at Law, Lenard M. Parkins, Haynes & Boone LLP, Diana Merrill Woodman, Thompson Knight, Houston, TX, Lois J. Duran, Attorney at Law, Dallas, TX, Jeffrey D. Hassell, Sidney K. Swinson, Gable & Gotwals, Michelle M. McCune, McCune & Penney PC, Tulsa, OK, Conner & Winters PC, Oklahoma City, OK, Garland Ray Sandhop, Jr., Attorney at Law, Victoria, TX, W. Shane Smithton, Hodgden, Hallren et al., Woodward, OK, for creditors.

MEMORANDUM OPINION DENYING MOTION FOR SUMMARY JUDGMENT (doc # 18) AND STRIKING DEMAND FOR JURY TRIAL (doc # 10)

WESLEY W. STEEN, Bankruptcy Judge.

In this adversary proceeding, Plaintiffs (Sentry Operating Co. and Sentry Operating Company of Kansas, Inc.) seek a declaratory judgment that a non-competition agreement executed in conjunction with the purchase of two funeral homes are separate agreements that Plaintiffs can assume and assign...

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