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IN RE SUNTERRA CORP.

No. CIV. JFM-03-179.

298 B.R. 549 (2003)

In re SUNTERRA CORP., et al. Resort Condominium International, LLC, Appellant, v. Sunterra Corp., et al., Appellee.

United States District Court, D. Maryland.

August 28, 2003.

Attorney(s) appearing for the Case

Jay A. Shulman, Irving E. Walker, Saul Ewing LLP, Baltimore, MD, Mark R. Wenzel, Krieg DeVault LLP, Indianapolis, IN, for Appellant.

Kenneth Oestreicher, Whiteford, Taylor and Preston, Baltimore, MD, for Appellee.

MEMORANDUM

MOTZ, District Judge.

Resort Condominium International ("RCI") has appealed the bankruptcy court's denial of its motion to dismiss Sunterra Corporation's ("Sunterra") counterclaims. RCI contends that the counterclaims fail to state a claim upon which relief may be granted. I will reverse the bankruptcy court's denial of RCI's motion.1

I.

In December 1997...

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