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IN RE DISCOUNT CIGARETTE, CIGARS, ETC., INC.

Bankruptcy No. 04-12903. Adversary No. 05-1016.

399 B.R. 605 (2009)

In re DISCOUNT CIGARETTE, CIGARS, ETC., INC., Debtor. Discount Cigarette, Cigars, etc., Inc., Plaintiff v. Franklin Supply, Inc., Defendant.

United States Bankruptcy Court, M.D. Louisiana.

January 15, 2009.

Attorney(s) appearing for the Case

Pamela G. Magee, Baton Rouge, LA, for Debtor.

Jerry F. Pepper, Baton Rouge, LA, for Plaintiff.

Joseph P. Hebert, Renee Z. Berard, Lafayette, LA, Mickey S. Delaup, deLaup & Schexnayder, LLC, Stephen D. Enright, Jr., Metairie, LA, Brian DeJean, Baton Rouge, LA, Christian T. Avery, Gonzales, LA, for Defendant.

MEMORANDUM OPINION

DOUGLAS D. DODD, Bankruptcy Judge.

Introduction

Discount Cigarette, Cigars, Etc., Inc. ("Discount") sued Franklin Supply, Inc. ("Franklin") for claims stemming from a dispute that preceded its September 4, 2004 chapter 11 filing. Discount's scatter-shot complaint sought damages for breach of contract, defamation, malicious prosecution, abuse of right, civil conversion by proxy, negligent misrepresentation and fraud. Discount...

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