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IN RE GAINEY CORP.

Bankruptcy No. GG 08-09092. Adversary No. 10-80483.

447 B.R. 807 (2011)

In re GAINEY CORPORATION, et al., Debtors. Barry P. Lefkowitz, as Liquidation Trustee of the Gainey Companies Liquidation Trust, Plaintiff, v. Michigan Trucking, LLC, f/k/a Michigan Truck Acquisition, LLC, d/b/a M Trucking, LLC, Defendant.

United States Bankruptcy Court, W.D. Michigan.

May 6, 2011.

Attorney(s) appearing for the Case

Judith Greenstone Miller, Esq., Southfield, MI, for Plaintiff.

Michael S. McElwee, Esq., Grand Rapids, MI, for Defendant.

OPINION REGARDING DEFENDANT'S MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM

JAMES D. GREGG, Chief Judge.

I. ISSUE.

Has Barry P. Lefkowitz (the "Liquidation Trustee" or "Trustee") stated a valid cause of action against Michigan Trucking LLC ("Michigan Trucking") to recover damages, or for a declaratory judgment regarding recovery of possible damages, arising from preconfirmation tort claims asserted, or that may be asserted, by third...

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