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IN RE METRO SEWER SERVICES, INC.

Bankruptcy No. 6:05-BK-13530-KSJ, Adversary No. 6:06-AP-00112-KSJ.

374 B.R. 316 (2007)

In re METRO SEWER SERVICES INC., Debtor. Scott R. Fransen, Chapter 7 Trustee, Plaintiff, v. Nicassio Corporation, Stephen Cudd, and Louis V. Nicassio, Defendants.

United States Bankruptcy Court, M.D. Florida, Orlando Division.

August 10, 2007.

Attorney(s) appearing for the Case

Richard B. Webber, II, Richard Blackstone Webber II PA, Winter Park, FL, for Debtor.

Andrew M. Brumby, Shutts & Bowen LLP, Orlando, FL, for Scott R. Fransen.

Denise D. Dell-Powell, Akerman Senterfitt, Orlando, FL, for Defendants.

AMENDED MEMORANDUM OPINION PARTIALLY GRANTING AND PARTIALLY DENYING PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT

(To Correct Signature Date Only)

KAREN S. JENNEMANN, Bankruptcy Judge.

In this adversary proceeding, Scott R. Fransen, the Chapter 7 Trustee, filed a Motion for Partial Summary Judgment (the "Motion") (Doc. No. 34) in connection with six of the nine counts contained in his Complaint against the defendants, the Nicassio Corporation (...

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