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IN RE FREEWAY FOODS OF GREENSBORO, INC.

Bankruptcy No. 10-11282. Adversary No. 11-02008.

466 B.R. 750 (2012)

In re FREEWAY FOODS OF GREENSBORO, INC., Debtor. Yellow Sign, Inc., a Delaware Corporation, and Waffle House, Inc., a Georgia Corporation, Plaintiffs, v. Freeway Foods, Inc., Freeway, Foods of Greensboro, Inc., Gary M. Fly, individually, Lynne R. Fly, individually, Gary M. Fly, as Trustee of the GMF Family Trust U/A/D December 17, 1999, and Lynne R. Fly, as Trustee of the LRF Family Trust U/A/D January 18, 2000, Defendants. Freeway Foods of Greensboro, Inc., Third-Party Plaintiff, v. Joe W. Rogers, Jr. and Kimberly S. Kraft, Third-Party Defendants.

United States Bankruptcy Court, M.D. North Carolina, Greensboro Division.

January 13, 2012.

Attorney(s) appearing for the Case

Brent F. Powell, Jennifer Barker Lyday, Julie B. Pape, Ronald R. Davis, William B. Sullivan, Womble, Carlyle Sandridge & Rice, PLLC, Winston-Salem, NC, for Plaintiffs.

Benjamin R. Norman, James C. Adams II, Brooks Pierce McLendon Humphrey & Leonar, Greensboro, NC, Ryan Lance Isenberg, Isenberg & Hewitt, Atlanta, GA, James C. Lanik, Roberson Haworth & Reese, PLLC, High Point, NC, Katherine J. Clayton, Raleigh, NC, for Defendants.

MEMORANDUM OPINION

THOMAS W. WALDREP, JR., Bankruptcy Judge.

The above-captioned plaintiffs (the "Plaintiffs") filed a Third Amended Complaint in this Adversary Proceeding on July 6, 2011. On July 25, 2011, the Chapter 7 trustee (the "Trustee") for the above-captioned debtor ("Freeway Foods") filed a Motion to Dismiss Plaintiffs' Claims against the Freeway Foods (the "Motion to Dismiss"), and Yellow Sign, Inc. ("YSI"), Waffle House, Inc. ("Waffle...

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