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IN RE MOUNTAINEER BULK SERVICES, INC.

Case No. 3-10492, Adv. Proc. No. 12-31.

IN RE: MOUNTAINEER BULK SERVICES, INC., Chapter 7 Debtor. MARTIN P. SHEEHAN, Plaintiff, v. MITCHELL L. KLEIN, LIBERTY MUTUAL INSURANCE COMPANY, MOUNTAINEER TANKLINES, LLC, and GENERAL CORPORATION, Defendants.

United States Bankruptcy Court, N.D. West Virginia.

February 19, 2013.

MEMORANDUM OPINION

PATRICK M. FLATLEY, Bankruptcy Judge.

Pending before the court are General Corporation's ("Defendant") and Martin P. Sheehan's motions for summary judgment. Both parties request entry of summary judgment on count II of Mr. Sheehan's complaint. For the reasons stated herein, the court grants the Defendant's partial motion for summary judgment.

I. BACKGROUND

On January 12, 1998, before Mountaineer...

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