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WILKERSON FUEL, INC. v. ELLIOTT

C.A. No. 7:09-223-HMH.

415 B.R. 214 (2009)

WILKERSON FUEL, INC., Appellant, v. James Allen ELLIOTT, Sr., Appellee.

United States District Court, D. South Carolina, Spartanburg Division.

March 17, 2009.

Attorney(s) appearing for the Case

Chad Vinson Echols, Herbert W Hamilton, Walter Keith, Martens Hamilton Martens and Ballou, Rock Hill, SC, for Appellant.

F Lee O'Steen, O Doyle Martin Law Office, Greenville, SC, for Appellee.

OPINION & ORDER

HENRY M. HERLONG, JR., District Judge.

This matter is before the court on the appeal by Wilkerson Fuel, Inc. ("Wilkerson") from an order entered by United States Bankruptcy Judge Helen E. Burris on November 24, 2008 ("November Order"). After review, the court reverses the bankruptcy court's decision in this matter and remands the case for further consideration.

I. FACTUAL AND PROCEDURAL BACKGROUND

Wilkerson alleges that...

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