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IN RE HECHINGER INV. CO. OF DELAWARE, INC.

Bankruptcy No. 99-02261(PJW), Adversary No. 01-1776.

296 B.R. 323 (2003)

In re HECHINGER INVESTMENT COMPANY OF DELAWARE, INC., et al., Debtors. Hechinger Liquidation Trust, as successor in interest to Hechinger Investment Company of Delaware, Inc., et al., Debtors in Possession, Plaintiff, v. Larry Fox d/b/a Aries Fence Co., Defendant.

United States Bankruptcy Court, D. Delaware.

July 10, 2003.

Attorney(s) appearing for the Case

Mark E. Felger, John T. Carroll, III, Cozen O'Connor, Wilmington, DE, Joseph L. Steinfeld, Jr., Deborah C. Swenson, Karen M. Scheibe, ASK Financial, Eagan, MN, Co-Counsel Hechinger Liquidation Trust, as successor in interest to Hechinger Investment Company of Delaware, Inc., et al., Debtors in Possession.

Daniel J. Anker, Wilmington, DE, Counsel for Larry Fox, d/b/a Aries Fence Co.

MEMORANDUM OPINION

PETER J. WALSH, Chief Judge.

Before the Court is the motion of Larry Fox d/b/a Aries Fence Co. ("Defendant") to dismiss for improper venue, or in the alternative, to transfer this adversary proceeding (Doc. # 5) (the "Motion"). For the reasons set forth below, the Motion will be denied.

BACKGROUND

Hechinger Investment Company of Delaware, Inc. ("Hechinger") filed a voluntary...

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