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IN RE LEE MEMORY GARDENS, INC.

Bankruptcy No. 02-82662. Adversary No. 04-9025.

333 B.R. 76 (2005)

In re LEE MEMORY GARDENS, INC., Debtor. Charles M. Ivey, III, Trustee for the Bankruptcy Estate of Lee Memory Gardens, Inc., Plaintiff, v. Crown Memorial Park, LLC, Defendant.

United States Bankruptcy Court, M.D. North Carolina, Durham Division.

September 1, 2005.

Attorney(s) appearing for the Case

Rett Smith Yauger, Carthage, NC, for Debtor.

MEMORANDUM OPINION

WILLIAM L. STOCKS, Bankruptcy Judge.

This adversary proceeding came before the court on August 25, 2005, for hearing upon the defendant's motion for summary judgment. Robert S. Adden, Jr. appeared on behalf of the defendant and Robert L. McClellan appeared on behalf of the plaintiff. After considering the arguments of counsel, the evidence submitted by the parties and the applicable law, the court concludes for the reasons that...

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