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IN RE CXM, INC.

Bankruptcy No. 03 B 28236. Adversary Nos. 05 A 1370, 05 A 1373, 05 A 1380.

336 B.R. 757 (2006)

In re CXM, Inc., Debtor. Lawrence Fisher, as Trustee v. Enterprise Truck Line, Inc. Industrial Metal Enterprise, Inc. Safran Metals, Inc.

United States Bankruptcy Court, N.D. Illinois, Eastern Division.

January 17, 2006.

Attorney(s) appearing for the Case

Keevan D. Morgan, Timothy Culbertson, Konstantine T. Spargis, Morgan & Bley, Ltd, Chicago, IL, for Plaintiff, Lawrence Fisher.

Whitman H. Brisky, Mauk & Baker, Chicago, IL, for Industrial Metal Enterprises, Inc.

Edward Margolis, Teller Levit Silvertrust, Chicago, IL, for Safran Metals, Inc.

FINDINGS OF FACT AND CONCLUSIONS OF LAW ON BIFURCATED COMMON ISSUES

JACK B. SCHMETTERER, Bankruptcy Judge.

This matter comes before the Court at the trial of certain issues common to the three captioned Adversary proceedings and on the Amended Adversary Complaints in those proceedings of Trustee Lawrence Fisher, as the Trustee for the Chapter 7 estate of CXM, Inc. against Enterprise Truck Line, Inc., Industrial Metal Enterprise, Inc., and Safran Metals,...

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