IN RE EMERALD CASINO, INC.

Bankruptcy No. 02 B 22977. Adversary No. 08 A 00972.

459 B.R. 298 (2011)

In re EMERALD CASINO, INC., Debtor. Frances Gecker, not individually but solely as chapter 7 trustee for the bankruptcy estate of Emerald Casino, Inc., Plaintiff, v. Donald F. Flynn, Kevin F. Flynn, John P. McMahon, Joseph P. McQuaid, Kevin D. Larson, Walter P. Hanley and Peer Pedersen, Defendants.

United States Bankruptcy Court, N.D. Illinois, Eastern Division.

August 26, 2011.


Attorney(s) appearing for the Case

Robert L. Graham , Catherine L. Steege , Keri L. Holleb Hotaling , Jenner & Block LLP, Chicago, IL; Matthew J. Piers , Joshua Karsh , Cara A. Hendrickson , Hughes, Socol, Piers, Resnick & DYM Ltd., Chicago, IL, for Plaintiff.

Kevin M. Forde , Kevin R. Malloy , Melissa G. Rafferty , Joanne R. Driscoll , Kevin M. Forde, Ltd., Chicago, IL; John Delnero , K&L Gates LLP, Chicago, IL; C. Barry Montgomery , Theodore Low , Williams, Montgomery & John, Ltd., Chicago, IL, for Defendants.

Patrick S. Layng , Chicago, IL, United States Trustee.


MEMORANDUM OF DECISION

EUGENE R. WEDOFF, Bankruptcy Judge.

The defendants' summary judgment motion now before the court arises from the intersection of two complaints. One is a complaint in this bankruptcy case, brought by the trustee of the Chapter 7 estate of Emerald Casino, Inc. ("Emerald") against several defendants involved in Emerald's management. The other is an Illinois state court complaint first brought by individual investors in Emerald against...

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