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LYON FINANCIAL SERVICES, INC. v. TIDC-IRVING, INC.

Nos. CIV.A.04-2086, CIV.A.04-2087.

392 F.Supp.2d 698 (2005)

LYON FINANCIAL SERVICES, INC., d/b/a U.S. Bank Portfolio Services as Agent for U.S. Bank, N.A., as Trustee and Collateral Agent, Plaintiff v. TIDC-IRVING, INC., Defendant and Lyon Financial Services, Inc., d/b/a U.S. Bank Portfolio Services as Agent for U.S. Bank, N.A., as Trustee and Collateral Agent, Plaintiff v. TIDC-Grapevine, Inc., the Medical Shop Inc. d/b/a Texas Imaging Diagnostic Center, TIDC, Inc., and Emil Cerullo, Defendants

United States District Court, E.D. Pennsylvania.

September 8, 2005.

Attorney(s) appearing for the Case

David W. Debruin, Bifferato Gentilotti & Biden, P.A., Wilmington, DE, Joel S. Todd, Saltz Polisher PC, Wayne, PA, Sherry D. Lowe, Lamm Rubenstone Totaro & David LLC, Trevose, PA, David E. Ross, Rachel Hollander, Brown Raysman Millstein Felder & Steiner LLP, New York, NY, for Plaintiff.

Bret P. Flaherty, Berger and Montague, P.C., Philadelphia, PA, Kiprian E. Mendrygal, Geoffrey S. Harper, Fish & Richardson PC, Dallas, TX, for Defendants.

MEMORANDUM OPINION AND ORDER

RUFE, District Judge.

Plaintiff Lyon Financial Services, Inc., d/b/a U.S. Bank Portfolio Services, an agent for U.S. Bank, N.A. ("Lyon") moves for partial summary judgment in both of these consolidated diversity actions for breach of contract.1

DVI Financial Services, Inc. ("DVI"), Lyon's assignor, and Defendants entered into a series of agreements, consisting of

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