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IN RE ROCHE

Bankruptcy No. 05-63544-MGD, Adversary No. 05-09040.

361 B.R. 615 (2005)

In the Matter of Daniel ROCHE and Juliana Roche, Debtors. Juliana Roche, Plaintiff, v. Pep Boys, Inc. f/k/a Pep Auto Supply Company, a/d/b/a The Pep Boys-Manny, Moe, & Jack, Inc., and Simpson Law Offices, LLP, Defendants.

United States Bankruptcy Court, N.D. Georgia, Atlanta Division.

December 29, 2005.

Attorney(s) appearing for the Case

Cristina Kaiden, Kaiden & Kaiden, Smyrna, GA, for debtors.

Karen B. Armsby, Georgia Department of Law, Atlanta, GA, Matthew J. Dyer, McCalla Raymer, et al., Roswell, GA, James W. Martin, Simpson Law Offices, LLP, Atlanta, GA, Michael J. McCormick, John D. Schlotter, McCalla, Raymer, Padrick, et al., Roswell, GA, for creditors.

ORDER DENYING DEFENDANTS' MOTION FOR SUMMARY JUDGMENT AND GRANTING PLAINTIFF'S CROSS MOTION FOR SUMMARY JUDGMENT

MARY GRACE DIEHL, Bankruptcy Judge.

This above-referenced adversary proceeding is before the Court on a Motion for Summary Judgment (Adversary Proceeding Docket No. 19) filed by Pep Boys, Inc., f/k/a Pep Auto Supply Company, a/d/b/a The Pep Boys — Manny, Moe & Jack, Inc. ...

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