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COMPETROL ACQUISITION v. LDA ACQUISITION, LLC

Bankruptcy Nos. 94-622 (PJW) to 94-626 (PJW), Adversary No. 96-85.

203 B.R. 914 (1996)

COMPETROL ACQUISITION PARTNERSHIP, L.P., Charlestown Holdings, Inc., Immobiliare New England, L.P., Navy Yard Realty Trust and Shipyard Marina Trust, Debtor. LDA ACQUISITION, LLC, and Martin Oliner, as Plan Administrator Under the Second Amended Joint Plan of Liquidation of Competrol Acquisition Partnership, L.P., Charlestown Holdings, Inc. and Immobiliare New England, L.P., Plaintiffs, v. FLAG WHARF, INC., Defendant.

United States Bankruptcy Court, D. Delaware.

November 18, 1996.

Attorney(s) appearing for the Case

Bayard J. Snyder, Snyder & Associates, Wilmington, DE, and Anthony M. Moccia, Eckert Seamans Cherin & Mellott, Boston, MA, for Flag Wharf, Inc.

James L. Patton, Jr., S. David Peress, Young, Conaway, Stargatt & Taylor, Wilmington, DE, for LDA Acquisition, LLC and Martin Oliner, as Plan Administrator.

MEMORANDUM OPINION

PETER J. WALSH, Bankruptcy Judge.

This is the Court's ruling on Flag Wharf Inc.'s ("Defendant") motion to dismiss Count IV of LDA Acquisition, LLC ("LDA") and Martin Oliner's ("Oliner" and together with LDA, "Plaintiffs") Complaint for failure to state a claim upon which relief can be granted, and to dismiss the remaining three Counts of the Complaint for lack of subject matter jurisdiction. For the reasons set forth below, Defendant...

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