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IN RE FRUEHAUF TRAILER CORP.

Bankruptcy Nos. 96-1563 to 96-1572(PJW). Adversary No. 07-50398(PJW).

369 B.R. 817 (2007)

In re FRUEHAUF TRAILER CORPORATION, et al., Debtors. Daniel W. Harrow, as Successor Trustee of the End of the Road Trust, and American Trailer Industries, Inc., Plaintiffs, v. Chriss W. Street, as Former Trustee of the End of the Road Trust, Defendant.

United States Bankruptcy Court, D. Delaware.

June 22, 2007.

Attorney(s) appearing for the Case

Neil B. Glassman, Ashley B. Stitzer, The Bayard Firm, Edmond D. Johnson, Pepper Hamilton LLP, Wilmington, DE, for Defendant, Chriss W. Street.

Robert T. Kugler, Robert L. DeMay, Jacob B. Sellers, Leonard, Street and Deinard, Professional Association, Minneapolis, MN, David L. Finger, Finger & Slanina, LLC, Wilmington,' DE, for Plaintiffs, Daniel W. Harrow and American Trailer Industries, Inc.

MEMORANDUM OPINION

PETER J. WALSH, Bankruptcy Judge.

This opinion is with respect to the motion (Adv.Doc. # 14) of defendant Chriss W. Street ("Street") to dismiss the complaint of Daniel W. Harrow ("Harrow") and American Trailer Industries Inc. ("ATII") (collectively, "Plaintiffs"). For the reasons described below, Street's motion to dismiss is denied.

BACKGROUND

On October 7, 1996, Fruehauf Trailer Corp. ("Fruehauf') and certain of its...

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