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IN RE DEN-MARK CONST., INC.

Bankruptcy No. 08-02764-8-RDD. Adversary No. 08-00142-8-RDD.

398 B.R. 842 (2008)

In re DEN-MARK CONSTRUCTION, INC., M & D Development, LLC Marcus Edwards Development, LLC, Den-Mark Homes SC, Inc., Debtors. Den-Mark Construction, Inc. and Den-Mark Homes SC, Inc., Plaintiffs v. Wachovia Bank National Association and TRSTE, Inc., as Trustee, Defendants.

United States Bankruptcy Court, E.D. North Carolina, Raleigh Division.

December 24, 2008.

Attorney(s) appearing for the Case

Warren, Perry, Narron, Shackleford & Mackay, PLLC, James S. Warren, Wake Forest, NC, George M. Oliver, Trawick H. Stubbs, Jr., Stubbs & Perdue, P.A., New Bern, NC, Laurie B. Biggs, Stubbs & Perdue, PA, Raleigh, NC, for Debtor.

MEMORANDUM OPINION AND ORDER ALLOWING IN PART AND DENYING IN PART MOTIONS FOR SUMMARY JUDGMENT

RANDY D. DOUB, Bankruptcy Judge.

Pending before this Court is the Plaintiff's Motion for Summary Judgment and the accompanying Memorandum of Law (collectively, the "Motion") filed by Den-Mark Construction, Inc. ("Denmark") and Den-Mark Homes SC, Inc. ("Denmark SC," collectively with Denmark, the "Plaintiffs") and the Defendant's Opposition Brief to Plaintiffs...

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