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UPIC & CO. v. KINDER-CARE LEARNING CENTERS, INC.

No. 91 Civ. 0591 (SWK).

793 F.Supp. 448 (1992)

UPIC & CO. and United Pacific Life Insurance Company, Plaintiffs, v. KINDER-CARE LEARNING CENTERS, INC., Defendant.

United States District Court, S.D. New York.

May 15, 1992.

Attorney(s) appearing for the Case

Eric J. Lobenfeld (Dewey Ballantine, of counsel) by Paul R. Oppold, New York City, for plaintiffs.

Davis Polk & Wardwell by Thomas P. Ogden, New York City, for defendant.

MEMORANDUM OPINION AND ORDER

KRAM, District Judge.

Plaintiffs UPIC & Co. and United Pacific Life Insurance Company are, respectively, the registered holder and beneficial owner of $12 million of subordinated notes issued by defendant Kinder-Care Learning Centers, Inc. ("KCLC"), and bring this action to recover principal and interest due under the notes.1 Defendant KCLC now moves, pursuant to Rule 12(b)(6) of the Federal Rules...

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