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IN RE GEMINI SERVICES, INC.

Bankruptcy No. 05-31317, Adversary No. 05-3190.

350 B.R. 74 (2006)

In re GEMINI SERVICES, INC., Debtor. Gemini Services, Inc., Plaintiff, v. Mortgage Electronic Registration Systems, Inc., et al., Defendants.

United States Bankruptcy Court, S.D. Ohio, Western Division at Dayton.

August 29, 2006.

Attorney(s) appearing for the Case

Thomas R. Noland; Statman, Harris, Siegel and Eyrich, Dayton, OH, for Debtor.

Patricia L. Hill, Statman, Harris, Siegel and Eyrich, Dayton, OH, for Debtor/Plaintiff.

Douglas N. Hawkins, Cincinnati, OH, Mary Anne Wilsbacher, Columbus, OH, for U.S. Trustee.

John L. Day, Laura R. Faulkner, Weltman, Weinberg & Reis Co. LPA, Cincinnati, OH, Michael A. Axel, KeyBank National Association, Cleveland, OH, Tami Hart Kirby, Dayton, OH, Alejandro L. Bertoldo, U.S. Department of Justice, Alan Shapiro, Washington, DC, for Defendants.

DECISION DENYING PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT (DOC. 74) AND GRANTING DEL NORTE REFI, LLC'S AMENDED MOTION FOR SUMMARY JUDGMENT (DOC. 79)

THOMAS F. WALDRON, Bankruptcy Judge.

Background

Gemini Services, Inc. (Gemini) is the Debtor in possession in this chapter 11 case, which was filed on February 18, 2005. On April 29, 2005, Gemini filed a complaint against Mortgage Electronic Registration Systems, Inc. ("MERS"), Del...

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