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IN RE HAKE

No. 09-8008.

419 B.R. 328 (2009)

In re Randall Joseph HAKE and Mary Ann Hake, Debtors. ELM Road Development Co., et al., Plaintiffs-Appellants, v. Buckeye Retirement Co., LLC, Ltd., et al., Defendants-Appellees.

United States Bankruptcy Appellate Panel of the Sixth Circuit.

Decided and Filed December 4, 2009.

Attorney(s) appearing for the Case

ARGUED: Michael J. Moran, Gibson & Lowry, Cuyahoga Falls, Ohio, for Appellants. John R. O'Keefe, Jr., Metz Lewis LLC, Pittsburgh, Pennsylvania, John M. Steiner, Leech, Tishman, Fuscaldo & Lampl, Pittsburgh, Pennsylvania, for Appellees. ON BRIEF: Michael J. Moran, Gibson & Lowry, Cuyahoga Falls, Ohio, for Appellants. John R. O'Keefe, Jr., Metz Lewis LLC, Pittsburgh, Pennsylvania, for Appellees.

Before FULTON, McIVOR, and RHODES, Bankruptcy Appellate Panel Judges.

OPINION

THOMAS H. FULTON, Chief Bankruptcy Appellate Panel Judge.

This is an appeal of the bankruptcy court's granting of summary judgment in favor of Defendants Buckeye Retirement Co., LLC, Ltd. ("Buckeye") and Mark Gleason, Chapter 7 Trustee (the "Chapter 7 Trustee") in the adversary proceeding brought by Plaintiffs Elm Road Development Co. ("Elm Road"), Tuller Brookfield Associates, Inc. ("Tuller"), Woodland Park Retirement Housing Limited Partnership...

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