Opinions of the United 2002 Decisions States Court of Appeals for the Third Circuit

2-20-2002

In Re: Allpoints Precedential or Non-Precedential:

Docket 1-1751

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Recommended Citation "In Re: Allpoints" (2002). 2002 Decisions. Paper 139. http://digitalcommons.law.villanova.edu/thirdcircuit_2002/139

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UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT

No. 01-1751

IN RE:

ALLPOINTS WAREHOUSING IN LIQUIDATION, INC., a Delaware corporation,

Debtor

JEOFFREY L. BURTCH,

Trustee

v.

GERALD WENDEL, a/k/a Jerry Wenden; STUART LICHTER; BARRY LANG; THOMAS BOPP; MBJR TRUST; QUADRELLE REALTY SERVICES, a division of Quadrelle Group, Inc., a New York corporation; WILENTZ, GOLDMAN & SPITZER, P.C.

Jeoffrey L. Burtch, Chapter 7 Trustee,

Appellant

On Appeal from the United States District Court for the District of Delaware Civil Action No. 00-00217 District Judge: Honorable Sue L. Robinson

Submitted Pursuant to Third Circuit LAR 34.1(a) February 11, 2002

Before: MANSMANN, McKEE & BARRY, Circuit Judges

(Filed: February 19, 2002)

MEMORANDUM OPINION

McKee, Circuit Judge.

Jeoffrey L. Burtch, as Chapter 7 Trustee for Allpoints Warehousing in Liquidation, Inc., the debtor, appeals the order of the United States District Court for the District of Delaware granting summary judgment for defendants Gerald Wendel, a/k/a/ Jerry Wenden, Stuart Lichter, Barry Lang, Harvey C. Zorn, Thomas Bopp, The MBJR Trust, Quadrelle Realty Services, and Wilentz, Goldman & Spitzer, P.C. As we write only for the parties, we need not set forth the factual or procedural background of this appeal. We have reviewed the thoughtful Memorandum Opinion of the District Court dated March 13, 2001, which accompanied the order that is the subject of this appeal. For the reasons set forth in that opinion, we will affirm the district court's order granting the Defendants' Motions for Summary Judgment dated March 13, 2001.

TO THE CLERK: Please file the foregoing opinion. BY THE COURT:

/s/Theodore A. McKee Circuit Judge