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IN RE JEVIC HOLDING CORPORATION

Case No. 08-11006 (BLS), Jointly Administered, Adv. No. 08-51903, Related to Adv. Docket No. 5., 6, 9, 10, 29, 33, 37

In re: JEVIC HOLDING CORPORATION, et al., Chapter 11, Debtors. OFFICIAL COMMITTEE OF UNSECURED CREDITORS, on behalf of the bankruptcy estates of JEVIC HOLDING CORPORATION, et al., Plaintiff, v. THE CIT GROUP/BUSINESS CREDIT, INC., in its capacity as Agent, SUN CAPITAL PARTNERS IV, LP, SUN CAPITAL PARTNERS MANAGEMENT IV, LLC, and SUN CAPITAL PARTNERS, INC., Defendants.

United States Bankruptcy Court, D. Delaware.

September 15, 2011.

Attorney(s) appearing for the Case

Bruce Grohsgal, Robert J. Feinstein, John A. Morris, Beth E. Levine, PACHULSKI STANG ZIEHL & JONES LLP, 919 N. Market Street, 17th Floor, Wilmington, DE 19899, Counsel for the Official Committee of Unsecured Creditors.

Stephen M. Miller, Erika F. Johnson, MORRIS JAMES LLP, 500 Delaware Avenue, Suite 1500, Wilmington, DE 19899.

Benjamin C. Ackerly, Robert S. Westermann, HUNTON & WILLIAMS LLP, Riverfront Plaza, East Tower, 951 E. Byrd Street, Richmond, VA 23219, Counsel for The CIT Group/Business Credit, Inc.

OPINION1

BRENDAN LINEHAN SHANNON, Bankurptcy Judge.

Before the Court is a motion to dismiss (the "Motion") [Adv. Docket No. 5] filed by the CIT Group/Business Credit, Inc. ("CIT"). By the Motion, CIT seeks the dismissal of all claims in the complaint and objection to claims, as amended (the "Complaint") [Adv. Docket No. 17] filed by the Official Committee of Unsecured Creditors (the "Committee")...

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