1. Home
  2. Browse Decisions
  3. B.R.
  4. 369 B.R.
  5. 369 B.R. 884 (2007)
 

IN RE NATIONAL GAS DISTRIBUTORS, LLC

Bankruptcy No. 06-00166-8-ATS. Adversary No. S-06-00267-8-AP.

369 B.R. 884 (2007)

In re NATIONAL GAS DISTRIBUTORS, LLC, Debtor. Richard M. Hutson, II, Trustee for National Gas Distributors, LLC, f/k/a Paul Lawing Jr., LLC, Plaintiff v. Smithfield Packing Company, Incorporated, Defendant.

United States Bankruptcy Court, E.D. North Carolina, Fayetteville Division.

May 24, 2007.

Attorney(s) appearing for the Case

John A. Northen, Vicki L. Parrott, Northen Blue, LLP, Chapel Hill, NC, Counsel for the Trustee.

Dion W. Hayes, McGuire Woods LLP, Richmond, VA, Thomas E. Cabaniss, Robert A. Cox, Jr., McGuire Woods LLP, Charlotte, NC, Counsel for Smithfield Packing Company, Inc.

Joshua D. Cohn, Hugh McDonald, Matthew D. North, Allen & Overy LLP, New York, NY, Counsel for the International Swap& and Derivatives Association, amicus curiae.

ORDER DENYING DEFENDANT'S MOTION TO DISMISS AND ALTERNATIVE MOTION FOR SUMMARY JUDGMENT

A. THOMAS SMALL, Bankruptcy Judge.

The matters before the court, are several motions of the defendant, Smithfield Packing Company, Inc. ("Smithfield"), Smithfield moves to dismiss, under Rule 12(b)(6) of the Federal Rules of Civil Procedure (made applicable to this adversary proceeding by Rule 7012(b) of the Federal Rules of Bankruptcy Procedure), the claims...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases