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IN RE E-Z SERVE CONVENIENCE STORES, INC.

Bankruptcy No. 02-83138, Adversary No. 04-09188.

350 B.R. 203 (2006)

Erre re E-Z SERVE CONVENIENCE STORES, HNC., Debtor. Richard M. Hutson, HE, Chapter 11 Trustee for E-Z Serve Convenience Stores, line., Plaintiff, v. Electra Partners, line., Defendant.

United States Bankruptcy Court, M.D. North Carolina, Durham Division.

August 28, 2006.

Attorney(s) appearing for the Case

Paul R. Baynard, Charlotte, NC, for Debtor.

ORDER AND OPINION DENYING MOTION FOR SUMMARY JUDGMENT

CATHARINE R. CARRUTHERS, Bankruptcy Judge.

This matter came before the Court on July 20, 2006, after notice to all parties in interest, in Durham, North Carolina, upon the Defendant's Motion for Summary Judgment. R. Bradford Leggett and C. Edwin Allman, III, appeared on behalf of the Defendant. Terri L. Gardner and John A. Northen appeared on behalf of the Plaintiff. Having considered the motion, as well...

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