IN RE NHI, INC.

Bankruptcy No. 02-1065KPJW). Adversary No. 04-52879(PJW).

320 B.R. 563 (2005)

In re NHI, INC., a Delaware Corporation, Debtor. NHI, Inc., Plaintiff, v. FleetBoston Financial Corporation, KMR Management, Inc., Robert Riesner and Waring S. Justis, Jr., Defendants.

United States Bankruptcy Court, D. Delaware.

February 11, 2005.


Attorney(s) appearing for the Case

James C. Sargent, Guy A. Donatelli, Scot R. Withers, Lamb McErlane PC, West Chester, PA, Stephen W. Spence, Phillips Goldman & Spence, P.A., Wilmington, DE, for NHI, Inc.

Stuart M. Brown, Denise Seastone Kraft, Mark D. Olivere, Edwards & Angell, LLP, Wilmington, DE, for Defendants FleetBoston Financial Corporation, KMR Management, Inc., Robert Reisner and Waring S. Justis.


MEMORANDUM OPINION

PETER J. WALSH, Bankruptcy Judge.

This opinion is with respect to defendants' motion (Doc. # 51) to dismiss NHI, Inc.'s second amended complaint (Doc. # 45). For the reasons set forth below, the Court will deny the motion.

BACKGROUND

NHI, Inc. ("NHI") was the first premanufactured home-builder in Delaware and conducted a successful manufacturing business for more than thirty...

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