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IN RE MITCHELL TRUCKING CO., INC.

Bankruptcy No. 91-10051. Civ. No. 93-0059-B.

821 F.Supp. 32 (1993)

In re MITCHELL TRUCKING COMPANY, INC., Debtor, Gary M. GROWE, Trustee of the Debtor's Estate of Mitchell Trucking Company, Inc., Plaintiff and Counterclaim Defendant, v. MALDEN MILLS INDUSTRIES, INC., Defendant and Counterclaimant, Gary M. GROWE, Trustee of the Debtor's Estate of Mitchell Trucking Company, Inc., Plaintiff, v. FORSTER MANUFACTURING COMPANY INC., Defendant, Gary M. GROWE, Trustee of the Debtor's Estate of Mitchell Trucking Company, Inc., Plaintiff, v. FRASER PAPER, LIMITED, Defendant.

United States District Court, D. Maine.

April 30, 1993.

Attorney(s) appearing for the Case

Paul O. Taylor, Harris & Taylor, Bloomington, MN, Gary Growe, Bangor, ME, for plaintiffs.

John O'Leary, Pierce, Atwood, Scribner, Allen, Smith & Lancaster, Portland, ME, Joseph Michael Roberts, Grove, Jaskiewicz and Cobert, Washington, DC, for defendants.

ORDER AND MEMORANDUM OF OPINION

BRODY, District Judge.

This matter is before the Court on consolidated defendants Fraser Paper, Ltd., Forster Manufacturing Company, Inc. and Malden Mills Industries, Inc.'s ("Defendants") Motions to Dismiss or, alternatively, for Summary Judgment against plaintiff Gary M. Growe, trustee of the debtor's estate of Mitchell Trucking Company, Inc. ("Plaintiff" or "Trustee"). In order to accommodate out of state counsel, a telephonic...

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