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IN RE LINC CAPITAL, INC.

Bankruptcy No. 01 B 03320, Adversary No. 02 A 01239.

296 B.R. 474 (2003)

In re LINC CAPITAL, INC., Debtor. Patrick D. Cavanaugh, as the Estate Representative of Estate of Linc Capital, Inc., Plaintiff, v. Martin E. Zimmerman, et al., Defendants.

United States Bankruptcy Court, N.D. Illinois, Eastern Division.

August 4, 2003.

Attorney(s) appearing for the Case

Michael G. Gesas, Gesas Pilati, Gesas and Golin, Ltd., Chicago, IL, for Plaintiff.

Howard O. Godnick, Stacy P. Aronowitz, Schulte, Roth & Zabel, LLP, New York City, for Defendants.

MEMORANDUM OPINION ON DEFENDANT CHARLES J. ASCHAUER'S MOTION TO VACATE ORDERS

JACK B. SCHMETTERER, Bankruptcy Judge.

BACKGROUND HISTORY

Defendant Charles J. Aschauer ("Aschauer") was a director of the Debtor. Patrick Cavanaugh ("Plaintiff") is the Estate Representative authorized under the confirmed Chapter 11 Plan to pursue claims on behalf of creditors of the estate.

The Debtor's Chapter 11 confirmed Plan fixed July 22, 2002, as...

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