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IN RE EARTH STRUCTURES, INC.

C/A No. 09-03768-HB, Adv. Pro. No. 09-80118-HB.

In re, Earth Structures, Inc., Chapter 11 Debtor(s). Bank Meridian, Plaintiff(s), v. Ultra Holdings, LLC Earth Structures, Inc. Steven R. Wicker Timothy Bailey FIRST CITIZENS BANK The United States of America by and through its Agency the Department of the Treasury, Internal Revenue Service, Defendant(s).

United States Bankruptcy Court, D. South Carolina.

October 27, 2010.

ORDER GRANTING IN PART AND DENYING IN PART PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT

HELEN E. BURRIS, Bankruptcy Judge.

This matter is before the court on Plaintiff, Bank Meridian's ("Bank") motion for summary judgment with regard to defenses and counterclaims raised in pleadings filed by Earth Structures, Inc. ("ESI") and Steven R. Wicker (together, "Defendants").

BACKGROUND AND PROCEDURAL HISTORY

The parties involved in this Motion had...

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