IN RE SECOND CHANCE BODY ARMOR, INC.

Bankruptcy No. GT 04-12515. Adversary No. 05-80019.

417 B.R. 750 (2009)

In re SECOND CHANCE BODY ARMOR, INC. n/k/a SCBA Liquidation, Inc., Debtor. James W. Boyd, Trustee for Second Chance Body Armor, Inc., Plaintiff and Counter-Defendant, v. Toyobo America, Inc., Toyobo Co., Ltd., Yoshinari Ohira, Tadao Kuroki, and Masakazu Saito, Defendants and Counter-Plaintiffs.

United States Bankruptcy Court, W.D. Michigan.

October 5, 2009.


Attorney(s) appearing for the Case

James J. Parks, Esq., Mark Cooper, Esq., and Benjamin J. McCracken, Esq., Jaffe, Raitt, Heuer & Weiss, P.C., Southfield, MI, for James W. Boyd, Chapter 7 Trustee.

Donald A. Snide, Esq., Varnum, Riddering, Schmidt & Howlett, LLP, Grand Rapids, MI, Konrad L. Cailteux, Esq., Debra A. Dandeneau, Esq., Arvin Maskin, Esq., Michael J. Lyle, Esq., David R. Singh, Esq., Isabella C. Lacayo, Esq., and Christopher Barraza, Esq., Weil, Gotshal & Manges LLP, New York, NY, and William A. Sankbeil, Esq., and Fred K. Herrmann, Esq., Kerr, Russell & Weber, PLC, Detroit, MI, for Toyobo Co., Ltd., Toyobo America, Inc., Masakazu Saito, Tadao Kuroki, and Yoshinari Ohira.


OPINION DENYING MOTIONS FOR SUMMARY JUDGMENT

JAMES D. GREGG, Chief Bankruptcy Judge.

I. FACTS AND PROCEDURAL HISTORY.

There are very few undisputed facts in this adversary proceeding. Prior to its bankruptcy filing, Second Chance Body Armor, Inc. ("Second Chance") was a leading producer of ballistic resistant products, including concealable body armor, often referred to as bullet resistant vests. Toyobo, Ltd. is a Japanese corporation that...

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