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  5. 291 F.Supp.2d 1186 (2003)
 

IN RE AGRIBIOTECH, INC.

Civ. No. CV-S-02-0537-PMP (LRL). Bankruptcy No. BK-S-00-10533-LBR. Adversary No. 02-1023-LBR.

291 F.Supp.2d 1186 (2003)

In re AGRIBIOTECH, INC., Debtor. Anthony H.N. Schnelling, as Trustee of the Agribiotech Creditors' Trust, the Duly Appointed and Authorized Representative of the Chapter 11 Estates of Agribiotech Inc., et al., as Assignee of Growers, Plaintiff, v. Richard P. Budd, et al., Defendants.

United States District Court, D. Nevada.

November 10, 2003.

Attorney(s) appearing for the Case

Candace C. Carlyon, Shea & Carlyon, Las Vegas, NV, Allan B. Diamond, Jay Madrid, Diamond, McCarthy, Taylor, Finley, Bryant & Lee, LLP, Dallas, TX, for Anthony H.N. Schnelling, Trustee.

Roy A. Ginsburg, James D. Kremer, Dorsey & Whitney, LLP, Minneapolis, MN, Janet L. Chubb, Jones Vargas, Las Vegas, NV, for Defendants Doug Fisher and Randy Ingram.

ORDER

PRO, Chief Judge.

On April 21, 2003, Defendants Randy Ingram ("Ingram") and Doug Fisher ("Fisher") filed a Motion to Dismiss First Amended Complaint (Doc. # 476). The Trustee filed a Consolidated Response to Defendants' Motions to Dismiss (Doc. # 495) on May 19, 2003. Ingram and Fisher filed a Reply (Doc. # 502) on June 17, 2003. In an order dated October 1, 2003 ("October Order"), the Court denied Ingram and Fisher's motion, but noted that...

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