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IN RE HERITAGE ORGANIZATION, L.L.C.

Bankruptcy No. 04-35574-BJH-11, Adversary No. 05-3671-BJH.

354 B.R. 407 (2006)

In re the HERITAGE ORGANIZATION, L.L.C., Debtor. Dennis Faulkner, Trustee, Plaintiff, v. Mikron Industries, Inc., Defendant.

United States Bankruptcy Court, N.D. Texas, Dallas Division.

November 27, 2006.

Attorney(s) appearing for the Case

Cynthia Williams Cole, Godwin Pappas Langley Ronquillo LLP, Dallas, TX, David William Parham, Laurie Dahl Babich, Baker & McKenzie LLP, Dallas, TX, john D. Volney, Lynn Tillotson and Pinker, L.L.P., Dallas, TX, for Debtor.

Davor Rukavina, Deborah M. Perry, Lee E. Morris, Munsch, Hardt, Kopf & Harr, P.C., Dallas, TX, for Plaintiff.

Frances Anne Smith, Scott W. Everett, Haynes & Boone, LLP, Dallas, TX, for Defendant.

MEMORANDUM OPINION AND ORDER

BARBARA J. HOUSER, Bankruptcy Judge.

Before the Court are two motions for summary judgment. Plaintiff Dennis S. Faulkner, the Chapter 11 trustee of the estate of The Heritage Organization, L.L.C. ("Heritage"), has filed his motion for partial summary judgment (the "Trustee's Motion") and Defendant Mikron Industries, Inc. ("Mikron") has filed its cross-motion for summary judgment ("Mikron's Motion") (the Trustee's Motion and Mikron...

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