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IN RE E-Z SERVE CONVENIENCE STORES, INC.

Bankruptcy No. 02-83138, Adversary No. 04-09172.

377 B.R. 491 (2007)

In re E-Z SERVE CONVENIENCE STORES, INC., Debtor. Richard M. Hutson, II, Chapter 11 Trustee for E-Z Serve Convenience Stores, Inc., Plaintiff, v. Greenwich Insurance Company and Avalon Risk Associates, Inc., Defendants.

United States Bankruptcy Court, M.D. North Carolina, Durham Division.

September 18, 2007.

Attorney(s) appearing for the Case

Stuart J. Glick, Sills Cummis Epstein & Gross, PC, Newark, NJ, Julie B. Pape, William B. Sullivan, Winston-Salem, NC, for Defendants.

Vicki L. Parrott, Emily Curto Weatherford, Chapel Hill, NC, for Plaintiff.

MEMORANDUM OPINION

CATHARINE R. CARRUTHERS, Bankruptcy Judge.

This matter came before the Court on July 19, 2007, after, notice to all parties in interest, in Durham, North Carolina, upon cross-motions for summary judgment. Vicki L. Parrott, Emily C. Weatherford, and John A. Northen appeared on behalf of the Trustee. Lillian Watson and Stuart J. Glick appeared on behalf of Greenwich Insurance Company and Avalon Risk Associates, Inc. Having considered the...

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