IN RE B.C. ROGERS POULTRY, INC.

Case No. 01-06516-EE, Adversary No. 03-00122-EE.

IN RE: B.C. ROGERS POULTRY, INC. B.C. ROGERS PROCESSORS, INC., Jointly Administered, Chapter 11. JOHN M. ROGERS, SR., AND J. KELLEY WILLIAMS, AS TRUSTEE OF THE J. KELLEY WILLIAMS REVOCABLE TRUST, Plaintiffs, v. THE CIT GROUP/EQUIPMENT FINANCING, INC., AND H. KENNETH LEFOLDT, AS LIQUIDATING TRUSTEE OF THE B.C. ROGERS LIQUIDATING TRUST, Defendants.

United States Bankruptcy Court, S.D. Mississippi.

November 16, 2009.


Attorney(s) appearing for the Case

James W. O'Mara Debra M. Brown Phelps Dunbar LLP Jackson, MS, Attorneys for Plaintiffs.

William H. Leech Danny E. Ruhl Copeland, Cook, Taylor & Bush, P.A. Ridgeland, MS, Attorneys for Defendant The CIT Group/Equipment Financing, Inc.

J. Walter Newman, IV Jackson, MS, Attorney for Defendant H. Kenneth Lefoldt, Jr., as Liquidating Trustee of the B.C. Rogers Liquidating Trust Edward Ellington, Judge.


MEMORANDUM OPINION ON (1) MOTION FOR PARTIAL SUMMARY JUDGMENT; (2) MOTION FOR PARTIAL SUMMARY JUDGMENT FOR FAILURE TO MEET BURDEN OF PROOF; (3) MOTION TO STRIKE REGARDING AFFIDAVITS OF JOHN M. ROGERS, SR., J. KELLEY WILLIAMS, AND TITO ECHIBURU; AND (4) MOTION TO STRIKE DEPONENT'S CORRECTION SHEET OF JOHN M. ROGERS, SR.

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