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IN RE FREEWAY FOODS OF GREENSBORO, INC.

Bankruptcy No. 10-11282. Adversary No. 11-02008.

466 B.R. 750 (2012)

In re FREEWAY FOODS OF GREENSBORO, INC., Debtor. Yellow Sign, Inc., a Delaware Corporation, and Waffle House, Inc., a Georgia Corporation, Plaintiffs, v. Freeway Foods, Inc., Freeway, Foods of Greensboro, Inc., Gary M. Fly, individually, Lynne R. Fly, individually, Gary M. Fly, as Trustee of the GMF Family Trust U/A/D December 17, 1999, and Lynne R. Fly, as Trustee of the LRF Family Trust U/A/D January 18, 2000, Defendants. Freeway Foods of Greensboro, Inc., Third-Party Plaintiff, v. Joe W. Rogers, Jr. and Kimberly S. Kraft, Third-Party Defendants.

United States Bankruptcy Court, M.D. North Carolina, Greensboro Division.

January 13, 2012.

Attorney(s) appearing for the Case

Brent F. Powell , Jennifer Barker Lyday , Julie B. Pape , Ronald R. Davis , William B. Sullivan , Womble, Carlyle Sandridge & Rice, PLLC, Winston-Salem, NC, for Plaintiffs.

Benjamin R. Norman , James C. Adams II , Brooks Pierce McLendon Humphrey & Leonar, Greensboro, NC, Ryan Lance Isenberg , Isenberg & Hewitt, Atlanta, GA, James C. Lanik , Roberson Haworth & Reese, PLLC, High Point, NC, Katherine J. Clayton , Raleigh, NC, for Defendants.

MEMORANDUM OPINION

THOMAS W. WALDREP, JR., Bankruptcy Judge.

The above-captioned plaintiffs (the "Plaintiffs") filed a Third Amended Complaint in this Adversary Proceeding on July 6, 2011. On July 25, 2011, the Chapter 7 trustee (the "Trustee") for the above-captioned debtor ("Freeway Foods") filed a Motion to Dismiss Plaintiffs' Claims against the Freeway Foods (the "Motion to Dismiss"), and Yellow Sign, Inc. ("YSI"), Waffle House, Inc. ("Waffle...

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