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CALLAWAY v. MEMO MONEY ORDER CO.

No. 5:07-CV-306-D.

381 B.R. 650 (2008)

Joseph N. CALLAWAY, as Bankruptcy Trustee for Davis' IGA, Inc., Appellant, v. MEMO MONEY ORDER COMPANY, Appellee.

United States District Court, E.D. North Carolina, Western Division.

January 16, 2008.

Attorney(s) appearing for the Case

A. Scott McKellar, Battle Winslow Scott & Wiley, PA, Rocky Mount, NC, for Appellant.

Chad A. Sharkey, Jeff Daniel Rogers, Smith Debnam Narron Wyche Saintsing & Myers, L.L.P., Raleigh, NC, for Appellee.

ORDER

JAMES C. DEVER III, District Judge.

Joseph N. Callaway, the trustee in bankruptcy for Davis' IGA, Inc., appeals from the judgment of the United States Bankruptcy Court for the Eastern. District of North Carolina, which held that the North Carolina Money Transmitters Act, N.C. Gen.Stat. § 53-208.1 et seq., ("NCMTA") creates a floating trust that eliminates the need for a claimant to trace trust funds within...

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