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HARDER v. DESERT BREEZES MASTER ASS'N

No. 95-CV-1235.

192 B.R. 47 (1996)

George W. HARDER and Michael J. Harder, Plaintiffs, v. DESERT BREEZES MASTER ASSOCIATION, Desert Breezes Casas Homeowners Association, National Mortgage Company, State Street Bank & Trust Company, Carlos E. Sosa, David M. Peters, William R. Fennell and Judy Mandel, Defendants.

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

February 16, 1996.

Attorney(s) appearing for the Case

Harder Silber and Bergan (Daniel C. Harder, of counsel), Albany, New York, for Plaintiffs.

Hinman, Straub Law Firm (Thomas D. Latin, of counsel), Albany, New York, for Defendants Desert Breezes Master Association, Desert Breezes Casas Homeowners Association, Carlos E. Sosa, and David M. Peters.

Cooper, Erving Law Firm (Phillip G. Steck, of counsel), Albany, New York, for Defendants National Mortgage Company and State Street Bank & Trust Company.

MEMORANDUM, DECISION, AND ORDER

McAVOY, Chief Judge.

Plaintiffs George and Michael Harder brought suit against defendants on six causes of action, including fraud, violation of corporate by-laws, infliction of emotional distress, fraudulent conveyance of property, and unjust enrichment. In their complaint, plaintiffs assert diversity of citizenship as the sole basis for subject matter jurisdiction. Defendants Desert Breezes Casas Homeowners Association,...

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