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IN RE CLARK RETAIL ENTERPRISES, INC.

Bankruptcy Nos. 02 B 40045, 02 B 40046. Adversary No. 03 A 04393.

308 B.R. 869 (2004)

In re CLARK RETAIL ENTERPRISES, INC., Clark Retail Group, Inc., Debtors. Super Stop Petroleum, Inc., Plaintiff, v. Clark Retail Enterprises, Inc., National Real Estate Clearinghouse, Inc., GE Capital Franchise Finance Corporation, and Shell Capital Inc., Defendants.

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

April 29, 2004.

Attorney(s) appearing for the Case

Kimberly J. Robinson, Barack, Ferrazzano, Kirschbaum, Perlman & Nagelberg, LLC, Chicago, IL, Attorney for Plaintiff.

Nathan A. Schultz, Stutman, Treister & Glatt, P.C., Los Angeles, CA, for Clark Retail Enterprises, Inc.

Michael C. Rupe, Jenner & Block, Chicago, IL, for GE Capital Franchise Finance Corporation.

Rudy A. Figueroa, Daley & Mohan, P.C., Chicago, IL, for National Real Estate Clearinghouse, Inc.

John F. Pollock, McGuire, Woods, Ross & Hardies, Chicago, IL, for Shell Capital, Inc.

MEMORANDUM OPINION

JOHN H. SQUIRES, Bankruptcy Judge.

These matters come before the Court on the cross-motions of Plaintiff Super Stop Petroleum, Inc. ("Super Stop") and Defendants Clark Retail Enterprises, Inc. ("Clark") and National Real Estate Clearinghouse, Inc. ("NRC") for summary judgment pursuant to Federal Rule of Bankruptcy Procedure 7056 and Federal Rule of Civil Procedure 56 on the complaint filed by Super Stop seeking turnover of deposits...

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