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IN RE O.E.M./ERIE, INC.

Bankruptcy No. 07-11344-JAD. Adversary No. 08-1122-JAD.

405 B.R. 779 (2009)

In re O.E.M./ERIE, INC., Debtor. O.E.M./Erie, Inc., by James A. Schaffner as Plan Administrator, Plaintiff, v. Angela McCallum, John O'Neil, Elisha D. Cunningham, Joseph Passerotti, and Susan Passerotti, Defendants.

United States Bankruptcy Court, W.D. Pennsylvania.

June 3, 2009.

Attorney(s) appearing for the Case

Lawrence C. Bolla, Esq., and Nicholas R. Pagliari, Esq., for the Plaintiff.

Patrick W. Carothers, Esq., for Defendant, Elisha D. Cunningham.

MEMORANDUM OPINION

JEFFERY A. DELLER, Bankruptcy Judge.

The matter before the Court is Defendant Elisha D. Cunningham's Motion To Dismiss Counts IV and V of Plaintiff's Complaint ("Motion To Dismiss"). The above captioned Adversary Proceeding was commenced by the filing of a complaint by O.E.M./Erie, Inc., by James A. Schaffner as Plan Administrator (the "Plaintiff") captioned Complaint To Avoid...

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