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IN RE DAIRY CONSULTING, INC.

Bankruptcy No. 04-23238-MBM. Adversary No. 06-2365-MBM.

386 B.R. 135 (2008)

In re DAIRY CONSULTING, INC., Debtor. Natalie Lutz Cardiello, Chapter 7 Trustee for the Estate of Dairy Consulting, Inc., Plaintiff, v. Fike's Dairy, Inc., f/k/a R. Bruce Fike & Sons Dairy, Inc., Defendant.

United States Bankruptcy Court, W.D. Pennsylvania.

April 9, 2008.

Attorney(s) appearing for the Case

Scott M. Hare, Pittsburgh, PA, the Chapter 7 Trustee, for Natalie Cardiello.

George J. Marcus, Marcus, Clegg & Mistretta, Portland, ME, for Fike's Dairy, Inc.

MEMORANDUM OPINION

M. BRUCE McCULLOUGH, Bankruptcy Judge.

Natalie Lutz Cardiello, the Chapter 7 Trustee for the bankruptcy estate of Dairy Consulting, Inc., the instant debtor (hereafter respectively "the Trustee" and "the Debtor"), moves for partial summary judgment on her complaint, and, in particular, summary judgment with respect to Count 1 therein. The Trustee, in her Count 1, asserts a claim, possessed...

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