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IN RE MCA FINANCIAL CORP.

Bankruptcy No. 99-42172-R. Adversary No. 99-4158-R.

237 B.R. 338 (1999)

In re MCA FINANCIAL CORP., Debtor. First Union National Bank, Plaintiff, v. MCA Financial Corp., et al., Defendant.

United States Bankruptcy Court, E.D. Michigan, Southern Division.

June 16, 1999.

Attorney(s) appearing for the Case

Marilyn Mitchell, Detroit, MI, for plaintiff.

Nancy Piggush, Asst. Attorney General, Finance & Development Div., Lansing, MI, Ralph McDowell, Detroit, MI, for debtor/defendants.

OPINION AND ORDER DENYING MOTION TO DISMISS

STEVEN W. RHODES, Bankruptcy Judge.

This matter is before the Court on a motion filed by one of the defendants, the Michigan State Housing Development Authority ("MSHDA"), to dismiss the adversary complaint pursuant to Federal Rule of Civil Procedure 12(b)(6) and the Eleventh Amendment. The plaintiff, First Union National Bank, filed an objection to the motion.

The Court concludes that the complaint...

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