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IN RE KINGWAY LOGISTICS, INC.

Bankruptcy No. 04-44028-DML-7, Adversary No. 05-4243.

348 B.R. 399 (2006)

In re KINGWAY LOGISTICS, INC., Debtor. LDS Express, Inc., Plaintiff, v. Shawn Brown, Chapter 7 Trustee, Defendant.

United States Bankruptcy Court, N.D. Texas, Fort Worth Division.

August 16, 2006.

Attorney(s) appearing for the Case

St. Clair Newbern, III, Law Offices of St. Clair Newbern III, P.C., Ft. Worth, TX, for Debtor.

MEMORANDUM OPINION

D. MICHAEL LYNN, Bankruptcy Judge.

Before he court is Plaintiff's Motion for Summay Judgment (the "Motion") filed by LDS Express, Inc. ("LDS," sometimes also referred to herein as Plaintiff) by which Plaintiff seeks judgment respecting (1) its Original Complaint filed against Shawn Brown (the "Trustee" or Defendant) in his capacity as chapter 7 trustee for Kingway Logistics, Inc. ("Logistics...

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