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IN RE DERIVIUM CAPITAL, LLC

Bankruptcy No. 05-15042-JW. Adversary No. 06-801144W.

372 B.R. 777 (2007)

In re DERIVIUM CAPITAL, LLC, Debtors. Charles D. Cathcart, Plaintiff, v. General Holding, Inc., The People Of The State Of California, Newton Family LLC, WCN/GAN Partners Ltd., Hammond 1994 Family, L.P., United States Of America and Mark W. Everson, Kevin Campbell, Defendants.

United States Bankruptcy Court, D. South Carolina.

March 16, 2007.

Attorney(s) appearing for the Case

Francis L.P. Barnwell, Law Offices of Frank L.P. Barnwell, Charleston, SC, Steven A. Soulios, Ruta & Soulios LLP, New York, NY, for Plaintiff.

Robert E. Culver, The Culver Firm, LLC, Hugh W. Buyck, Buyck Law Firm, LLC, Charleston, SC, Gregory E. Goldberg, Jack L. Smith, Holland & Hart LLP, Denver, CO, Betsy Johnson Burn, Linda K. Barr, Columbia, SC, for Defendants.

ORDER

JOHN E. WAITES, Bankruptcy Judge.

This matter comes before the Court on cross-motions of Plaintiff Charles Cathcart ("Plaintiff') for Motion to Dismiss or Alternatively, For a Stay ("Plaintiffs Motion"), on the motion of Defendant General Holding, Inc. ("General Holding"), for dismissal with prejudice ("General Holding's Motion"), and on motion of Kevin Campbell, chapter 7 trustee ("Trustee"), for summary judgment as to Plaintiffs Fourth and Fifth...

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