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CS ASSETS, LLC v. H & H REAL ESTATE DEVELOPMENT, INC.

No. CV-04-HS-2260-S.

353 F.Supp.2d 1187 (2005)

CS ASSETS, LLC Plaintiff, v. H & H REAL ESTATE DEVELOPMENT, INC., et al. Defendants v. John MOSHER and Binnacle Management, Inc. Third Party Defendants

United States District Court, N.D. Alabama, Southern Division.

January 10, 2005.

Attorney(s) appearing for the Case

David B. Anderson, Ryan Cochran, Walston Wells Anderson & Bains LLP, Birmingham, AL, for Plaintiff.

Gayle Douglas, Lee R. Benton, Benton & Centeno LLP, Birmingham, AL, for Defendant.

ORDER DENYING DEFENDANTS' MOTION TO DISMISS

HOPKINS, District Judge.

The case is before this Court on the Motion to Dismiss filed by the Defendants H & H Real Estate Development, Inc, H & H Real Estate Partnership, Wee Care Academy, Inc., Wee Manage Inc., Elias Hendricks, Jr., and Gaynell Hendricks. (Doc. 9.) The Defendants' sole basis for moving to dismiss the Complaint is based upon section 10-12-52 of the Alabama Code of 1975. See

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