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IN RE TOM'S FOODS INC.

No. 05-40683 RFH.

345 B.R. 795 (2006)

In the Matter of TOM'S FOODS INC., Debtor.

United States Bankruptcy Court, M.D. Georgia, Columbus Division.

July 13, 2006.

Attorney(s) appearing for the Case

John T. Sanders, IV, J. Robert Williamson, Atlanta, GA, for Responsible Officer of Tom's Foods Inc.

Jason J. DeJonker, McDermott Will Emery LLP, Chicago, IL, Barbara Ellis-Monro, David M. Fass, Atlanta, GA, for Heico Holding, Inc.

Frank W. DeBorde, Daniel P. Sinaiko, Atlanta, GA, Ira S. Dizengoff, David P. Simonds, Patrick C. Schmitter, Charles D. Riely, New York, NY, for Ad Hoc Committee of Noteholders.

Joseph B.C. Kluttz, Charlotte, NC, for Lance, Inc.

MEMORANDUM OPINION

ROBERT F. HERSHNER, JR., Chief Judge.

Eugene I. Davis, "Responsible Officer" for Tom's Foods Inc., Debtor,1 filed on April 19, 2006, his "Motion Of Eugene I. Davis, Responsible Officer For Tom's Foods Inc., For An Order Authorizing Examination Pursuant To Bankruptcy Rule 2004 and Requiring The Production Of Documents." The Responsible Officer seeks to compel for examination the attendance of a designated...

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