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IN RE BARNHILL'S BUFFETS, INC.

Bankruptcy No. 07-08948. Adversary No. 08-0021A.

397 B.R. 51 (2008)

In re BARNHILL'S BUFFETS, INC., et al., Debtor. Barnhill's Buffet, Inc., Plaintiff, v. SCS General Contractors Inc., et al., Defendants. SCS General Contractors, Inc., Counterplaintiff, Cross-Plaintiff, v. Barnhill's Buffet, Inc., Counterdefendant, and Levine Investments Limited Partnership, et al., Cross-Defendants.

United States Bankruptcy Court, M.D. Tennessee.

November 19, 2008.

Attorney(s) appearing for the Case

William Caldwell Hancock, The Hancock Law Firm, Nashville, TN, for Plaintiff.

James Ray Mozingo, Knight & Mozingo PLLC, Jackson, MS, Robert M. Garfinkle, Garfinkle Mclemore & Walker, William L Norton, III, Boult Cummings Conners Berry PLC, Timothy G. Niarhos, Crocker & Niarhos, Courtney Hunter Gilmer, Baker Donelson Bearman Caldwell & Berkow, James R. Kelley, Neal & Harwell, Nashville, TN, William Novotny, Mariscal, Weeks, McIntyre & Friedlander, Phoenix, AZ, for Defendants.

MEMORANDUM

GEORGE C. PAINE, II, Bankruptcy Judge.

This matter is before the court on the motions for summary judgment filed by Wells Fargo Bank, N.A., ("Wells") and Dynamic Management Company, LLC ("Dynamic") against SCS General Contractors, Inc. ("SCS"). SCS opposed both motions but did not file cross motions.1 For the reasons cited herein, the court finds there are no material facts in dispute and both Wells and Dynamic are...

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