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IN RE HOME AND HEARTH PLANO PARKWAY, L.P.

Bankruptcy No. 03-32815-BJH-ll. Adversary No. 04-3212-BJH.

320 B.R. 596 (2005)

In re HOME AND HEARTH PLANO PARKWAY, L.P., Debtor. Home and Hearth Piano Parkway, L.P., Plaintiff, v. LaSalle Bank, N.A., F/K/A LaSalle National Bank, LaSalle Bank, N.A., F/K/A LaSalle National Bank as Trustee for the Registered Holders of Deutsche Mortgage & Asset Receiving Corp., Comm 199-1 Commercial Mortgage Pass Through Certificates, by and Through Criimi Mae Services Limited Partnership, Its Special Servicer, and Fiske (Tom) Hanley III, Substitute Trustee, Defendants. LaSalle Bank, N.S., as Trustee for the Registered Holders of Deutsche Mortgage & Asset Receiving Corp., Comm-1999-1 Commercial Pass-Through Certificates, by and Through Criimi Mae Services Limited Partnership, Its Special Servicer, Counter-Plaintiff and Third Party Plaintiff, v. Home & Hearth Piano Parkway, L.P., Counterclaim Defendant, and Dale C. Bullough and Thomas Lykos, Jr., Third Party Defendants.

United States Bankruptcy Court, N.D. Texas, Dallas Division.

December 15, 2004.

Attorney(s) appearing for the Case

Sheila A. Armstrong, Kirkpatrick & Lockhart, LLP, Dallas, TX, Gerrit M. Pronske, Kirkpatrick & Lockhart, LLP, Dallas, TX, for Plaintiff.

Mark A. Hendrix, Sewell & Anderson, LLP, Dallas, TX, Jeffrey Rhodes, Dickstein, Shapiro, Morin & Oshinsky LLP, Washington, DC, Paul C. Webb, Shackelford, Melton and McKinley, LLP, Dallas, TX, Laura L. Worsham, Jones, Allen and Fuquay, Dallas, TX, for Defendants.

Memorandum Decision and Order

BARBARA J. HOUSE R, Bankruptcy Judge.

Before the Court are cross-motions for summary judgment filed by Home & Hearth Piano Parkway, L.P. (the "Debtor"), LaSalle Bank, N.A., as Trustee for the Registered Holders of Deutsche Mortgage & Asset Receiving Corporation, COMM 1999-1 Commercial Mortgage Pass-Through Certificates, by and through Allied Capital Corporation, its Special Servicer ("LaSalle"), and Fiske (Tom...

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