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IN RE D.E.I. SYSTEMS, INC.

Case No. 2:11-cv-00343-CW. Bankr. Case No. 07-24224 (A.P. 09-02082).

996 F.Supp.2d 1142 (2014)

In re D.E.I. SYSTEMS, INC. aka Delta Fiberglass, aka Delta Equipment Industrial Systems, Inc., aka Delta Environmental, Inc. Debtor. Kenneth A. Rushton, in his capacity Trustee, Plaintiff, v. David Bevan, an individual; and Benedict Bichler, an individual, Defendants.

United States District Court, D. Utah, Central Division.

January 23, 2014.

Attorney(s) appearing for the Case

Erin M. Stone, James C. Swindler, Glenn R. Bronson, Michael N. Zundel, Prince Yeates & Geldzahler, Salt Lake City, UT, for Plaintiff.

Craig Carlile, Ray Quinney & Nebeker, Provo, UT, Douglas M. Monson, Michael R. Johnson, Ray Quinney & Nebeker, Salt Lake City, UT, for Defendants.

MEMORANDUM DECISION AND ORDER

CLARK WADDOUPS, District Judge.

INTRODUCTION

This matter is before the court on defendants David Bevan ("Bevan") and Benedict Bichler ("Bichler") (collectively "Defendants") Motion for Partial Summary Judgment (Dkt. No. 22). Defendants move to dismiss Plaintiff Kenneth A. Rushton's ("Plaintiff" or "Trustee") First and Second Claims for Relief as asserted in the Amended Complaint filed with the Bankruptcy Court...

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