District Court, D. Delaware September 30, 2003, Bankruptcy No. 99-2385 MFW, Civ.A. No. 02-1649 JJF (Philip Services Corp. v. Luntz (In Re Philip Services (Delaware), Inc.))

MEMORANDUM OPINION

FARNAN, District Judge.

Presently before the Court is an appeal by Appellants, Philip Services Corp. and Luntz Corporation (collectively, “Appellants”) from the October 18, 2002 Order (the “Order”) of the United States Bankruptcy Court for the District of Delaware (the “Bankruptcy Court”) granting summary judgment in favor of Appellees, Andrew Luntz, Gregory Luntz, John Luntz