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IN RE FLOORING AMERICA, INC.

Bankruptcy No. 00-68370. Adversary No. 02-9233.

302 B.R. 403 (2003)

In re FLOORING AMERICA, INC., Debtor. Morton P. Levine, as Chapter 11 Trustee for the Estate of Flooring America, Inc., Plaintiff, v. Edward P. Kenny, Defendant.

United States Bankruptcy Court, N.D. Georgia, Atlanta Division.

June 30, 2003.

Attorney(s) appearing for the Case

Stephen H. Block, Levine & Block, Atlanta, GA, for Plaintiff.

David G. Bisbee, McRae & Bisbee, Atlanta, GA, for Defendant.

Morton P. Levine, Levine & Block, Atlanta, GA, Chapter 11 Trustee.

ORDER

JOYCE BIHARY, Bankruptcy Judge.

This adversary proceeding is before the Court on plaintiff's Motion for Summary Judgment. Plaintiff Morton P. Levine is the Chapter 11 Trustee for the estate of Flooring America, Inc. ("Flooring America"), and he seeks to recover $128,146.04 in principal, interest, and attorneys fees from defendant Edward Kenny on a promissory note. Defendant opposes the motion and argues that Flooring America had agreed to purchase...

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