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IN RE 500 YGNACIO ASSOCIATES, LTD.

Bankruptcy No. 91-46168 N, Adv. No. 91-4605.

141 B.R. 191 (1992)

In re 500 YGNACIO ASSOCIATES, LTD., etc., Debtor. 500 YGNACIO ASSOCIATES, LTD., etc., Plaintiff, v. AETNA LIFE INSURANCE COMPANY, Defendant.

United States Bankruptcy Court, N.D. California.

February 18, 1992.

Attorney(s) appearing for the Case

Lynn Anderson Koller, Koller, & MacConaghy, Emeryville, Cal., Charles A. Hansen, Wendell, Rosen, Black, Dean & Levitan, Oakland, Cal., for debtor/plaintiff.

Shelly, Rothschild, James B. Hicks, Andrews & Kurth, Los Angeles, Cal., Dennis B. Arnold, Gibson, Dunn & Crutcher, San Francisco, Cal., for defendant.

AMENDED MEMORANDUM OF DECISION

LESLIE TCHAIKOVSKY, Bankruptcy Judge.

Defendant Aetna Life Insurance Co. ("Aetna") moves to dismiss the complaint in the above-captioned adversary proceeding for failure to state a claim upon which relief may be granted. For the reasons stated below, the motion is granted without prejudice.

SUMMARY OF FACTS

Plaintiff 500 Ygnacio Associates, Ltd. (the "Debtor"), the debtor-in-possession in the above-captioned...

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