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IN RE DOOLEY

Bankruptcy No. 06-40948. Adversary No. 07-04031.

399 B.R. 340 (2009)

In re Earl F. DOOLEY, Debtor. David M. Nickless, Chapter 7 Trustee, Plaintiff, v. McGrail & McGrail, A.I.M. Mutual Insurance Co., Inc., E.H. Merrifield Bus Co., Inc., Defendants.

United States Bankruptcy Court, D. Massachusetts. Western Division.

January 13, 2009.

Attorney(s) appearing for the Case

David M. Nickless, James L. O'Connor, Jr., Nickless & Philips, PC, Fitchburg, MA, for Plaintiff.

Daniel I. Cotton, Wolfson, Keenan, Cotton & Meagher, Worcester, MA, John F. McGrail, McGrail & McGrail, Worcester, MA, Scott L. Machanic, Cunningham, Machanic, Celtin, Johnson & Harney LLP, Natick, MA, Christopher S. Williams, Williams & Associates, Boston, MA, for Defendants.

MEMORANDUM OF DECISION

HENRY J. BOROFF, Bankruptcy Judge.

Before this Court is the "Motion of David M. Nickless, Trustee, for Partial Summary Judgment" (the "Summary Judgment Motion") filed by the plaintiff David M. Nickless as the Chapter 7 trustee of Earl F. Dooley (respectively, "Trustee Nickless"; the "Debtor"). The three primary issues before this Court for summary judgment determination are: (1) whether, on the date of case commencement, the...

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