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IN RE MERRY-GO-ROUND ENTERPRISES, INC.

Bankruptcy Nos. 94-5-0161-SD to 94-5-0163-SD, 94-5-3774-SD, Adversary No. 96-5448-SD.

231 B.R. 241 (1999)

In re MERRY-GO-ROUND ENTERPRISES, INC., MGR Distribution Corporation MGRR, Inc. and Alameda Chess King, Inc., et al., Debtors. The Binswanger Companies, Plaintiff, v. Merry-Go-Round Enterprises, Inc., MGR Distribution Corporation, and MGRR, Inc., and Deborah Hunt Devan, Trustee, and Keen Realty Consultants, Inc., Defendants.

United States Bankruptcy Court, D. Maryland, at Baltimore.

February 23, 1999.

Attorney(s) appearing for the Case

Cynthia L. Leppert, Neuberger, Quinn, Gielen, Rubin & Gibber, Baltimore, Maryland, for Chapter 7 Trustee.

Paul R. Rosen, Leslie B. Baskin, Spector, Gadon & Rosen, P.C., Philadelphia, Pennsylvania, for Binswanger Companies.

Howard Rubenstein, Adelberg, Rudow, Dorf, Hendler & Sameth, Baltimore, Maryland, for Keen Realty Consultants, Inc.

Karen H. Moore, Assistant U.S. Trustee, Office of the U.S. Trustee, Baltimore, Maryland, for U.S. Trustee.

MEMORANDUM OPINION AND ORDER DENYING PLAINTIFFS MOTION FOR SUMMARY JUDGMENT

E. STEPHEN DERBY, Bankruptcy Judge.

I. Introduction

Before the court is Plaintiff's Motion for Summary Judgment, Defendant's Opposition, and Plaintiff's Reply Brief. Plaintiff, The Binswanger Companies (Binswanger), having partially survived a motion to dismiss, see 218 B.R. 361 (Bankr.D.Md.1998), seeks summary judgment...

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