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IN RE CLEAN BURN FUELS, LLC

Bankruptcy No. 11-80562. Adversary No. 11-09046.

492 B.R. 445 (2013)

In re CLEAN BURN FUELS, LLC, Debtor. Clean Burn Fuels, LLC, Plaintiff, v. Purdue BioEnergy, LLC, Defendant.

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

May 16, 2013.

Attorney(s) appearing for the Case

John A. Northen , Stephanie Osborne-Rodgers , Vicki L. Parrott , John Paul H. Cournoyer , Chapel Hill, NC, for Debtor and Plaintiff.

Frederick W.H. Carter , C. Carey Deeley, Jr. , Towson, MD, Gregory Byrd Crampton , C. Carey Deeley, Jr. , Raleigh, NC, Benjamin A. Kahn , Greensboro, NC, for Defendant.

MEMORANDUM OPINION

THOMAS W. WALDREP JR., Bankruptcy Judge.

Before the Court are cross motions for partial summary judgment filed on January 24, 2013, one filed by the Chapter 7 trustee for Clean Burn Fuels, LLC (the "Trustee Motion") and the other filed by Perdue BioEnergy, LLC (the "Perdue Motion"). In November of 2009, Clean Burn Fuels, LLC (the "Debtor") and Perdue BioEnergy, LLC ("Perdue") entered into a series of agreements regarding the supply...

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