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REALMARK INV. CO. v. AMERICAN FINANCIAL CORP.

Civ. No. 1:93-CV-1130-JEC.

171 B.R. 692 (1994)

REALMARK INVESTMENT COMPANY, Plaintiff, v. AMERICAN FINANCIAL CORPORATION, Defendant.

United States District Court, N.D. Georgia, Atlanta Division.

August 9, 1994.

Attorney(s) appearing for the Case

Morris W. Macey, Macey, Wilensky, Cohen, Wittner & Kessler, Atlanta, GA, for plaintiff.

Kevin A. Ross, Alan M. Wolper, Kenneth D. Sisk, Hunton & Williams, Atlanta, GA, and Peter M. Fishbein and Jonathan L. Hochman, Kaye, Scholer, Fierman, Hayes & Handler, New York City, for defendant.

ORDER

CARNES, District Judge.

This case is presently before the Court on defendant's motion to dismiss [# 3]. The Court has reviewed the record and the arguments of the parties and, for the reasons set forth below, grants defendant's motion to dismiss.

BACKGROUND

Plaintiff Realmark Investment Co. ("Realmark") is the owner of 12¾% Convertible Subordinated Debentures, due October 15, 1997, issued by The Circle K Corporation...

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