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IN RE PROTECTED VEHICLES, INC.

Bankruptcy No. 08-00783-DD. Adversary No. 08-80028-DD.

392 B.R. 633 (2008)

In re PROTECTED VEHICLES, INC., Debtor(s). Marcus Burgio, Plaintiff(s), v. Protected Vehicles, Inc., PVI, Defendant(s).

United States Bankruptcy Court, D. South Carolina.

July 30, 2008.

Attorney(s) appearing for the Case

Rene Sara Roupinian, Outten & Golden LLP, New York, NY, Robert E. Culver, The Culver Firm, LLC, Charleston, SC, for Plaintiff(s).

Allan Riley Holmes, Sr., Gibbs & Holmes, Charleston, SC, Sean P. Markham, McCarthy Law Firm, Columbia, SC, for Defendant(s).

ORDER DENYING MOTION TO DISMISS

DAVID R. DUNCAN, Bankruptcy Judge.

THIS MATTER is before the Court on Protected Vehicles, Inc.'s ("Debtor" or "Defendant") Motion to Dismiss Adversary Proceeding ("Motion"). A hearing was held in this matter on June 5, 2008. Both Debtor and Marcus Burgio ("Plaintiff") appeared by and through counsel. The complaint alleges Debtor violated the Worker Adjustment and Retraining Notification Act ("WARN Act"), 29 U.S.C. § 2101...

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