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IN RE FLEMING PACKAGING CORP.

Bankruptcy No. 03-82408. Adversary No. 04-8166.

370 B.R. 774 (2007)

In re FLEMING PACKAGING CORPORATION, a Delaware corporation, Debtor. Gary T. Rafool, Chapter 7 Trustee, on behalf of the Estate of Fleming Packaging Corp., Plaintiff, v. The Goldfarb Corporation, a Canadian corporation, Martin Goldfarb, Stanley Goldfarb, Alonna Goldfarb, George Gialenios and Joseph Andersen, individually and as former directors and/or officers of Fleming Packaging Corp., Defendants. George Gialenios and Joseph Andersen, Cross-Plaintiffs, v. The Goldfarb Corporation, a Canadian corporation, Martin Goldfarb, Stanley Goldfarb and Alonna Goldfarb, Cross-Defendants.

United States Bankruptcy Court, C.D. Illinois.

July 11, 2007.

Attorney(s) appearing for the Case

Katherine Harris, Patrick M. Jones, Lord Bissell & Brook LLP, Chicago, IL, Spencer Lee Daniels, Peoria, IL, for Plaintiff.

Brian D. Mooty, Kavanagh, Scully et al., Peoria, IL, John Robert Weiss, Larry Selander, Richard P. Darke, Duane Morris LLP, Rosanne Ciambrone, Chicago, IL, for Defendants/Cross-Defendants.

Barry M. Barash, Galesburg, IL, for Defendant George Gialenios and Joseph Andersen, individually and as former directors and/or officers of Fleming Packaging Corp.

OPINION

THOMAS L. PERKINS, Chief Judge.

Before the Court is the motion filed by The Goldfarb Corporation (GOLDFARB), Martin Goldfarb (MARTIN), Stanley Goldfarb (STANLEY) and Alonna Goldfarb (ALONNA), to dismiss part of Count I and Counts III, IV and V of the Second Amended Complaint brought against them by Gary T. Rafool, Chapter 7 Trustee (TRUSTEE). Also before the Court is the motion filed by the remaining...

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