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IN RE COMMERCIAL FINANCIAL SERVICES, INC.

Bankruptcy Nos. 98-05162-R, 98-05166-R. Adversary No. 98-0356-R.

268 B.R. 579 (2001)

In re COMMERCIAL FINANCIAL SERVICES, INC., and CF/SPC NGU, Inc., Debtors. NationsBank, N.A., Plaintiff, v. Commercial Financial Services, Inc., Defendant, and The Official Committee of Unsecured Creditors, and the Official Committee of Asset-Backed Securityholders, Intervenors.

United States Bankruptcy Court, N.D. Oklahoma.

October 15, 2001.

Attorney(s) appearing for the Case

Larry Wolfson, Jerry L. Switzer, Jr., Jenner & Block, LLC, Chicago, IL, Jay S. Geller, Law Office of Jay S. Geller, Portland, ME, Neal Tomlins, Tomlins & Goins, Tulsa, OK, for debtor/defendant.

Joe Edwards, Day, Edwards, Propester & Christensen, P.C., Oklahoma City, OK, Daniel G. Clodfelter, Alan Pope, Moore & Van Allen, PLLC, Charlotte, NC, for plaintiff.

Leonard M. Parkins/John P. Melko/Tom A. Howley, Verner, Liipfert, Bernhard, McPherson, Hand, Chartered, Houston, TX, Robert S. Glass, Glass Law Firm, Tulsa, OK, for Official Committee of Unsecured Creditors.

Alfred S. Lurey, Dennis S. Meir, Kilpatrick Stockton LLP, Atlanta, GA, Sidney K. Swinson, Gable & Gotwals, Tulsa, OK, for Official Committee of Asset-Backed Securityholders.

ORDER GRANTING IN PART AND DENYING IN PART MOTIONS TO DISMISS FIRST AMENDED ADVERSARY COMPLAINT

DANA L. RASURE, Bankruptcy Judge.

On July 23, 1999, Plaintiff Bank of America, formerly known as NationsBank, N.A., ("BOA") filed its First Amended Adversary Complaint (the "Complaint") (Adversary Docket # ("Adv.Doc.") 34) on behalf of itself and as an agent for others,1 seeking an order declaring that approximately...

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