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IN RE UNI-MARTS, LLC

Bankruptcy No. 08-11037 (MFW). Adversary No. 08-51239 (MFW).

399 B.R. 400 (2009)

In re UNI-MARTS, LLC, Debtor. Charan Trading Corp. and Varni, LLC, Plaintiffs, v. Uni-Marts, LLC and Henry D. Sahakian, Defendants.

United States Bankruptcy Court, D. Delaware.

January 12, 2009.

Attorney(s) appearing for the Case

Eric M. Sutty, Mary E. Augustine, Bayard, P.A., Wilmington, DE, Charles J. Ferry, Robert J. Tribeck, Kathryn D. Sallie, Rhoads & Sinon LLP, Harrisburg, PA, for Henry D. Sahakian.

Robert J. Dehney, Thomas F. Driscoll III, Chad A. Fights, Morris, Nichols, Arsht & Tunnell LLP, Wilmington, DE, Tyler P. Brown, Michael G. Wilson, Jason W. Harbour, Henry P. Long, III, Hunton & Williams LLP, Richmond, VA, for debtor.

Warren T. Pratt, Drinker Biddle & Reath LLP, Wilmington, DE, for plaintiffs.

MEMORANDUM OPINION1

MARY F. WALRATH, Bankruptcy Judge.

This matter is before the Court on the Defendants' Motions to Dismiss the Complaint filed by Charan Trading Corp. and Varni, LLC (the "Plaintiffs"). For the reasons set forth below, the Court will grant Defendant Sahakian's Motion and deny Defendant Uni-Marts' Motion.

I. FACTUAL BACKGROUND

Uni...

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