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IN RE OLDE FLORIDA INVESTMENTS, LTD.

Bankruptcy No. 01-5321-9P1. Adversary No. 01-213.

272 B.R. 779 (2001)

In re OLDE FLORIDA INVESTMENTS, LTD., Debtor. Olde Florida Investments, Ltd., Plaintiff, v. Port of the Islands Community Improvement District, Arthur R. Piper, Charles J. Alaimo, Collier County Tax Collector, First Union National Bank, as Custodian for Fundco, Inc., First Union National Bank, as Custodian for Holdco, Inc., First Union National Bank, as Custodian for Direct Lien Funding Co., Heartwood '88, Inc., Leon McCaskey, Nellie Kirby, Robert L. Hill, Rose Marie Desimone and Allstate Insurance Company, Defendants.

United States Bankruptcy Court, M.D. Florida, Fort Myers Division.

December 7, 2001.

Attorney(s) appearing for the Case

Louis X. Amato, Louis X. Amato, P.A., Stephany S. Carr, Naples, FL, for plaintiff.

Clay Booker, Naples, FL, Richard P. Zaretsky, West Palm Beach, FL, Gregory T. Stewart, Tallahassee, FL, Erik P. Kimball, Orlando, FL, Harold D. Moorefield, Miami, FL, for defendants.

ORDER GRANTING MOTION TO DISMISS

(Doc. No. 49)

ALEXANDER L. PASKAY, Chief Judge.

The matter under consideration in this Chapter 11 case filed by Olde Florida Investments, Ltd. (Debtor) is a Motion to Dismiss the first amended complaint [Doc. No. 49], filed by Allstate Insurance Company (Allstate), in the above-referenced adversary proceeding. The Debtor, in its first Amended Complaint [Doc. No. 47] (Complaint), seeks (i) a determination...

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