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IN RE JEVIC HOLDING CORP.

Bankruptcy No. 08-11006 (BLS). Adversary No. 08-50662.

492 B.R. 416 (2013)

In re JEVIC HOLDING CORP., et al., Debtors. Casimir Czyzewski, Melvin L. Myers, Jeffrey Oehlers, Arthur E. Perigard, and Daniel C. Richards, on behalf of themselves and all others similarly situated, Plaintiffs, v. Jevic Transportation, Inc., Jevic Holding Corp., Creek Road Properties, LLC, Sun Capital Partners, Inc., and John Does 1-10, Defendants.

United States Bankruptcy Court, D. Delaware.

May 10, 2013.

Attorney(s) appearing for the Case

Loizides, P.A., Christopher D. Loizides, Esq., Wilmington, DE, Outten & Golden LLP, Jack A. Raisner, Esq., Rene S. Roupinian, Esq., New York, NY, for Plaintiffs and the Certified WARN Class.

Morris, Nichols, Arsht & Tunnell LLP, Curtis S. Miller, Esq., Wilmington, DE, Kirkland & Ellis LLP, James P. Gillespie, Esq., Jason Parish, Esq., Fifteenth Street, N.W. Washington, DC, for Defendant Sun Capital Partners, Inc.

OPINION1

BRENDAN LINEHAN SHANNON, Bankruptcy Judge.

Before the Court are cross-motions for summary judgment on claims arising under the WARN Act. Casimir Czyzewski, Melvin L. Myers, Jeffrey Oehlers, Arthur E. Perigard, and Daniel C. Richards, on behalf of themselves and all others similarly situated (collectively, the "Class Plaintiffs") initiated this adversary proceeding against Defendants Jevic, Jevic Holding Corp....

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