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IN RE NATIONAL AUDIT DEFENSE NETWORK

Bankruptcy No. BK-S-03-17306-BAM, Adversary No. 04-1261.

332 B.R. 896 (2005)

In re NATIONAL AUDIT DEFENSE NETWORK, Debtor. William A. Leonard, Jr., Chapter 7 Trustee, Plaintiff, v. Optimal Payments Ltd. (f/k/a SF Online Processing Ltd.); Optimal Payments Corporation; and Optimal Payments Inc., Defendants.

United States Bankruptcy Court, D. Nevada.

June 23, 2005.

Attorney(s) appearing for the Case

William A. Leonard, Las Vegas, NV, Chapter 7 Trustee.

Barton L. Jacka, Esq., Las Vegas, NV, for trustee.

Behnam Dayanim, Esq., Patrick J. Tongi, Esq., Paul, Hastings, Janofsky & Walker LLP, Washington, DC, Nile Leatham, Esq., James B. MacRobbie, Esq., Las Vegas, NV, for Defendants.

MEMORANDUM ON DEFENDANTS' MOTION TO DISMISS OR FOR SUMMARY JUDGMENT

BRUCE A. MARKELL, Bankruptcy Judge.

This case involves the ability of a party to a merchant credit card processing agreement to obtain payment, as well as an accounting, of funds collected by the other party. On one side is William A. Leonard, Jr., the trustee (Trustee) of the debtor National Audit Defense Network, Inc. (NADN). On the other side is Optimal Payments, Ltd., a corporation incorporated...

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