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IN RE PHOENIX ELECTRONIC MFG. SERVICES, LLC

Bankruptcy No. 09-03549-JW. Adversary No. 09-80114-JW.

429 B.R. 195 (2010)

In re PHOENIX ELECTRONIC MFG. SERVICES, LLC, Debtor. Assembly Technologies, Inc., Plaintiff, v. Phoenix Electronic Mfg. Services, LLC, Defendant.

United States Bankruptcy Court, D. South Carolina.

February 1, 2010.

Attorney(s) appearing for the Case

Reid B. Smith, Price Bird Smith & Boulware PA, Columbia, SC, for Debtor.

John Timothy Stack, Joseph F. Buzhardt, III, Office of the United States Trustee, Columbia, SC, for U.S. Trustee.

ORDER

JOHN E. WAITES, Bankruptcy Judge.

This matter comes before the Court on the motion for summary judgment ("Motion") filed by the Plaintiff, Assembly Technologies, Inc. ("ATI"). The Defendant, Phoenix Electronic Mfg. Services, LLC ("Phoenix"), filed an objection to the Motion. Pursuant to Fed.R.Civ.P. 52, made applicable to this proceeding by Fed. R. Bankr.P. 7052, the Court makes the following findings of fact and conclusions of law.

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