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IN RE ADVANCED RISC CORP.

No. C.A. 04-40123 NMG.

317 B.R. 455 (2004)

In re ADVANCED RISC CORPORATION, Debtor. David M. Nickless, Trustee, Plaintiff/Appellee, v. Merrill Lynch, Pierce, Fenner & Smith, Inc., and Dennis Burn, Defendant/Appellants.

United States District Court, D. Massachusetts.

October 27, 2004.

Attorney(s) appearing for the Case

Joseph C. Lyons, Goulston & Storrs, P.C., Boston, MA, Richard W. Renehan, Goulston & Storrs, A Professional Corp., Boston, MA, Richard M. Zielinski, Goulston & Storrs, Boston, MA, for Appellants.

Janice G. Marsh, Nickless & Phillips, PC, Fitchburg, MA, for Appellee.

MEMORANDUM & ORDER

GORTON, District Judge.

Pending before this Court is Defendant/Appellants' Motion for Leave to Appeal the Bankruptcy Court's Order denying its Motion for Summary Judgment (Docket No. 1).

I. Background

This case arises out of an involuntary Chapter 7 bankruptcy petition filed by the creditors of Advanced RISC Corporation ("the Debtor"). On March 13, 2001, David M. Nickless, the Trustee, filed an...

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