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IN RE XTREME POWER INC.

CASE NO. 14-10096-HCM, ADVERSARY NO. 16-01004-HCM.

563 B.R. 614 (2016)

IN RE: XTREME POWER INC., et al., Debtors. Xtreme Power Plan Trust, by and through Angelo DeCaro, Jr., Trustee Plaintiff, v. Walter Schindler; H. Henry Habicht; Lee Tashjian; Alan Gotcher; Umesh Padval; Pat Wood III; Foster Duncan; and SAIL Capital Partners, LLC, Defendants.

United States Bankruptcy Court, W.D. Texas, Austin Division.

Signed December 22, 2016.

Attorney(s) appearing for the Case

D. Douglas Brothers , Gary L. Lewis , George Brothers Kincaid & Horton, L.L.P., Austin, TX, for Plaintiff.

Megan M. Adeyemo , Gordon & Rees LLP, Dallas, TX, Jeffrey D. Cawdrey , Gordon & Rees, LLP, San Deigo, CA, Jeffrey R. Lilly , Gordon & Rees LLP, Sara Wilder Clark , Scott Douglass & McConnico LLP, Casey L. Dobson , Austin, TX, for Defendants.

OPINION REGARDING MOTIONS TO DISMISS AMENDED COMPLAINT

This type of lawsuit has become somewhat commonplace — directors of a now defunct corporation are sued for breach of fiduciary duties. Here, the parties are currently "Frozen"1

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