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In re: ADVANCE NANOTECH, INC., Debtor. JEOFFREY L. BURTCH, AS CHAPTER 7 TRUSTEE OF THE ESTATE OF DEBTOR ADVANCE NANOTECH, INC., Plaintiff, v. OWLSTONE, INC., BRETT BADER, THOMAS FINN, JOHN BUTTLES, INGALLS & SNYDER, LLC, and HORACE SHEPHARD BOONE, Defendants.

Mary F. Walrath

Chapter 7
ORDER

AND NOW, this 2nd day of APRIL, 2014, upon consideration of the Motions to Dismiss and for the reasons set forth in the accompanying Memorandum Opinion, it is hereby

ORDERED that the Motions are GRANTED in part and DENIED in part; and it is further

ORDERED that the counts against I&S and Boone for breach of fiduciary duty are DISMISSED, with leave to amend the Complaint within thirty days hereof.

BY THE COURT:

__________________________


Mary F. Walrath


United States Bankruptcy Judge
cc: David J. Margules, Esquire

Counsel is to serve a copy of this Memorandum Opinion on all interested parties and file a Certificate of Service with the Court.

SERVICE LIST

David J. Margules, Esquire
Bouchard, Margules & Friedlander
222 Delaware Avenue
Suite 1400
Wilmington, DE 19801-3319
ounsel for the Trustee
William M. Alleman, Jr., Esquire
Daniel B. Butz, Esquire
Robert J. Dehney, Esquire
Morris, Nichols, Arsht & Tunnell LLP
1201 N. Market Street
18th Floor
P.O. Box 1347
Wilmington, DE 19899-1347
Counsel for Owlstone, Inc., Ingalls & Snyder, LLC,
and Horace Shephard Boone
















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Burtch v. Owlstone, Inc. (In re Advance Nanotech, Inc.)
(Apr 2, 2014)