IN RE FORKLIFT LP CORP.

Bankruptcy No. 00-1730 (LHK). CIV. Nos. 02-946-SLR, 02-1018-SLR.

340 B.R. 735 (2006)

In re FORKLIFT LP CORPORATION f/k/a Clark Material Handling Company, et al., Forklift Liquidating Trust as successor in interest to Forklift LP Corporation f/k/a Clark Material Handling Company, et al., Plaintiffs, v. Custom Tool & Mfg. Co., Defendant.

United States District Court, D. Delaware.

March 31, 2006.


Attorney(s) appearing for the Case

Eric L. Schnabel, Esquire and Jennifer M. Becnel-Guzzo, Esquire of Klett Rooney Lieber & Schorling, Wilmington, Delaware and Lori A. Dawkins, Esquire of Klett Rooney Lieber & Schorling, Pittsburgh, PA, for Plaintiff Forklift Liquidating Trust.

Margaret M. Manning, Esquire of Buchanan Ingersoll PC, Wilmington, DE, for Defendant Custom Tool & Manufacturing Company.


OPINION

SUE L. ROBINSON, Chief Judge.

I. INTRODUCTION

On April 17, 2000, Clark Material Handling Company and several of its affiliates (collectively "Clark") filed a petition seeking protection under Chapter 11 of the Bankruptcy Code. Plaintiff Forklift Liquidating Trust ("plaintiff") is successor in interest to Clark. Plaintiff filed the instant litigation against defendant Custom Tool & Manufacturing Company ("Custom Tool") seeking...

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