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IN RE COMMERCIAL FINANCIAL SERVICES, INC.

Bankruptcy Nos. 98-05162-R, 98-05166-R. Adversary No. 03-0008-R.

322 B.R. 440 (2003)

In re COMMERCIAL FINANCIAL SERVICES, INC., and CF/SPC NGU, Inc., Debtors. Bradley D. Sharp, Trustee of the CFS Liquidating Trust, on Behalf of Commercial Financial Services, Inc., and CF/SPC NGU, Inc., Plaintiffs, v. Chase Manhattan Bank USA, N.A.; and Chase Securities, Inc., n/k/a J.P. Morgan Securities Inc., Defendants.

United States Bankruptcy Court, N.D. Oklahoma.

August 18, 2003.

Attorney(s) appearing for the Case

Larry W. Wolfson, Robert Fishman, Shaw Gussis Fishman Glantz Wolfson & Towbin, LLC, Chicago, IL, Neal Tomlins, Tomlins & Goins, Tulsa, OK, for Plaintiffs.

Thomas C. Rice, Joseph F. Wayland, Simpson, Thacher & Bartlett, LLP, New York City, Frederic Dorwart, Michael Medina, Frederic Dorwart Lawyers, Tulsa, OK, for Defendants.

ORDER DENYING DEFENDANTS' MOTION TO DISMISS AND GRANTING PLAINTIFFS LEAVE TO AMEND COMPLAINT

DANA L. RASURE, Bankruptcy Judge.

I. Procedural history

On January 15, 2003, Plaintiffs Bradley D. Sharp, Trustee of the CFS Liquidating Trust, acting on behalf of Commercial Financial Services, Inc. ("CFS"), and CF/ SPC NGU, Inc. ("NGU") (sometimes collectively referred to as the "Plaintiffs"),1 filed their Complaint...

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