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IN RE HECHINGER INV. CO. OF DELAWARE, INC.

Bankruptcy No. 99-02261(PJW), Adversary No. 01-2645.

288 B.R. 398 (2003)

In re HECHINGER INVESTMENT COMPANY OF DELAWARE, INC., et al., Debtors. Hechinger Investment Company of Delaware, Inc., Debtor in Possession, Plaintiff, v. M.G.H. Home Improvement, Inc., Defendant.

United States Bankruptcy Court, D. Delaware.

January 21, 2003.

Attorney(s) appearing for the Case

Thomas J. Budzynski, Thomas J. Budzynski, P.C., Clinton Township, MI, Linda M. Carmichael, White and Williams, LLP, Wilmington, DE, for M.G.H. Home Improvement, Inc.

Mark E. Felger, John T. Carroll, III, Cozen O'Connor, Wilmington, DE, Joseph L. Steinfeld, Jr., Karen M. Scheibe, A S K Financial, Eagan, MN, Co-Counsel for Plaintiff, Hechinger Investment Company Of Delaware, Inc., Debtor in Possession.

MEMORANDUM OPINION

PETER J. WALSH, Chief Judge.

Before the Court are motions filed by defendant M.G.H. Home Improvement, Inc. ("M.G.H.") to dismiss the complaint for failure to state a claim upon which relief can be granted (Doc. # 4) ("Motion to Dismiss") and to transfer venue to the Eastern District of Michigan (Doc. # 5) ("Venue Motion"). For the reasons set forth below, both motions will be denied.

BACKGROUND

Plaintiff Hechinger Investment...

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