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IN RE GAINEY CORP.

Bankruptcy No. GG 08-09092. Adversary No. 10-80483.

447 B.R. 807 (2011)

In re GAINEY CORPORATION, et al., Debtors. Barry P. Lefkowitz, as Liquidation Trustee of the Gainey Companies Liquidation Trust, Plaintiff, v. Michigan Trucking, LLC, f/k/a Michigan Truck Acquisition, LLC, d/b/a M Trucking, LLC, Defendant.

United States Bankruptcy Court, W.D. Michigan.

May 6, 2011.

Attorney(s) appearing for the Case

Judith Greenstone Miller, Esq. , Southfield, MI, for Plaintiff.

Michael S. McElwee, Esq. , Grand Rapids, MI, for Defendant.

OPINION REGARDING DEFENDANT'S MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM

JAMES D. GREGG, Chief Judge.

I. ISSUE.

Has Barry P. Lefkowitz (the "Liquidation Trustee" or "Trustee") stated a valid cause of action against Michigan Trucking LLC ("Michigan Trucking") to recover damages, or for a declaratory judgment regarding recovery of possible damages, arising from preconfirmation tort claims asserted, or that may be asserted, by third...

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