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IN RE OPTICAL TECHNOLOGIES, INC.

No. 03-15756.

425 F.3d 1294 (2005)

In Re: OPTICAL TECHNOLOGIES, INC., Debtor. Finova Capital Corp., Plaintiff-Appellee, v. Larson Pharmacy Inc., Martin J. Kaufman, Bushey Drug, Inc., Michael E. Lokensgard, M & J Lokensgard, Inc., Falk's Woodland Pharmacy, Inc., Steven W. Preston, John Hougland, Groveport Pharmacy, Inc., Wayne C. Cofield, Roger D. Ober, Alpha Veterinary Clinic, Inc., Defendants-Appellants, Jimpat, Inc., Defendant.

United States Court of Appeals, Eleventh Circuit.

September 20, 2005.

Attorney(s) appearing for the Case

Sacha Ross, Gray Robinson, Steven Mark Berman, Berman & Norton Breman, P.A., Tampa, FL, Thomas H. McLain, Jr., Fisher & Sauls, P.A., St. Petersburg, FL, for Defendants-Appellants.

Samuel Bayard Isaacson, Piper Rudnick, LLP, Chicago, IL, Louis J. Rouleau, John L. Moore, Jr., Piper Rudnick, LLP, Washington, DC, for Plaintiff-Appellee.

Before TJOFLAT, RONEY and HILL, Circuit Judges.

TJOFLAT, Circuit Judge:

This case involves a scheme to use electronic billboards and kiosks (collectively "kiosks") for advertising. The promoters of the scheme1 executed it in the following way. First, they organized Optical Technologies, Inc., and a group of affiliated companies, Recomm International Display Corp., Recomm Operations, Inc., and Recomm Enterprises, Inc. (hereafter referred to collectively with Optical Technologies, Inc...

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