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IN RE PAUL HARRIS STORES, INC.

Bankruptcy No. 00-12467-BHL-II. Adversary No. 02-0479.

342 B.R. 290 (2006)

In re PAUL HARRIS STORES, INC., et al., Debtors in Possession. Paul Harris Stores, Inc., et al., Plaintiffs, v. Expeditors International of Washington, Inc., Defendant.

United States Bankruptcy Court, S.D. Indiana, Indianapolis Division.

May 9, 2006.

Attorney(s) appearing for the Case

Paul Harris Stores, Inc. et al., Michael P. O'Neil, Esq., Jeffrey Graham, Esq., and Andrew Kight, Esq., Sommer Barnard Ackerson, PC, Indianapolis, IN, for Plaintiffs.

Thomas S. Hemmendinger, Esq., pro hac vice, Brennan, Recupero, Cascione, Scungio & McAllister, LLP, Providence, RI, and Jeffrey L. Logston, Esq., and James A. Knauer, Esq., Kroger, Gardis & Regas, LLP, Indianapolis, IN, for Defendant.

ORDER

BASIL H. LORCH III, Bankruptcy Judge.

This matter comes before the Court on Expeditors International of Washington, Inc.'s ["Expeditors"] Motion for Partial Summary Judgment on Plaintiff's Complaint filed on August 29, 2005. The matter was fully briefed on November 11, 2005. Based upon the pleadings and evidence presented, the Court makes the following Findings of Fact:

1. On October 16, 2000 [the "Petition Date"], the Debtors filed voluntary...

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