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WAMCO XXVIII, LTD. v. CASA GRANDE COTTON FINANCE CO.

Civil Action No. 5:03-CV-331-C.

314 F.Supp.2d 655 (2004)

WAMCO XXVIII, LTD., Plaintiff, v. CASA GRANDE COTTON FINANCE COMPANY; Chickasha Cotton Oil Company; and Michael D. Hicks, Substitute Trustee, Defendants.

United States District Court, N.D. Texas, Lubbock Division.

February 25, 2004.

Attorney(s) appearing for the Case

Chad Smith, Greak & Smith, Lubbock, TX, for Plaintiff.

Fernando M. Bustos, Angela B. Poulson, McCleskey Harriger Brazill & Graf, Lubbock, TX, for Defendant.

ORDER

CUMMINGS, District Judge.

On this date the Court considered Plaintiff WAMCO XXVIII, LTD.'s ("WAMCO") Motion to Remand filed on January 28, 2004. The Court further considered Defendant Michael D. Hicks's ("Defendant Hicks") Motion to Dismiss pursuant to Texas Property Code section 51.007 filed on February 3, 2004. Having considered all the relevant arguments and evidence, the Court is of the opinion that Defendant

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