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IN RE HECHINGER INVESTMENT CO. OF DELAWARE, INC.

Bankruptcy No. 99-02261(PJW). Adversary No. 00-138.

282 B.R. 149 (2002)

In re HECHINGER INVESTMENT COMPANY OF DELAWARE, INC., et al., Debtors. Hechinger Investment Company of Delaware, Inc., Plaintiff, v. Allfirst Bank, Defendant.

United States Bankruptcy Court, D. Delaware.

July 29, 2002.

Attorney(s) appearing for the Case

Neal J. Levitsky, Agostini, Levitsky, Isaacs & Kulesza, Wilmington, DE, William L. Hallam, Gebhardt & Smith LLP, Baltimore, MD, for Defendant Allfirst Bank.

Mark D. Collins, Margreta M. Sundelin, Richards, Layton & Finger P.A., Wilmington, DE, Brian E. O'Connor, Carollynn H.G. Pedreira, Willkie Farr & Gallagher, New York City, Co-Counsel for Debtors and Debtors in Possession.

MEMORANDUM OPINION

PETER J. WALSH, Chief Judge.

Before the Court is the motion (Doc. # 7) of Allfirst Bank ("Allfirst" or "Defendant") to dismiss the adversary complaint (Doc. # 1) ("Complaint") filed against it by Hechinger Investment Company of Delaware, Inc. ("Debtor" or "Plaintiff"). The motion seeks dismissal pursuant to Fed.R.Civ.P. 12(b)(6)1 ("Rule 12(b)(6)") for failure to state a claim upon which relief may be granted...

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