Hickory Point Industries, Inc. v. Hickory Holding Corp. (In Re Hickory Point Industries, Inc.)

ORDER OF DISMISSAL OF ADVERSARY PROCEEDING

GEORGE L. PROCTOR, Bankruptcy Judge.

This adversary proceeding was initiated with a complaint for injunctive and declaratory relief. The plaintiff asked the Court to find that the shareholders of all outstanding shares, i.e. Jean-Pierre LeMoine and Hickory Holding Corporation, were not empowered to vote to file a bankruptcy petition, and that, at the time of filing and at trial time, the actual board of directors consisted of Viola S. Daugherty, Maxwell W. Wells, Jr., and Robert W. Morrison. The complaint further asks for a declaration that the…