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WESTON FUNDING v. CONSORCIO G GRUPO DINA

No. 05 CIV. 9830(RWS).

451 F.Supp.2d 585 (2006)

WESTON FUNDING, LLC, Plaintiff, v. CONSORCIO G GRUPO DINA, S.A. DE C.V., Defendant.

United States District Court, S.D. New York.

August 31, 2006.

Attorney(s) appearing for the Case

Reiss Eisenpress LLP, New York, NY, By Sherri L. Eisenpress, Esq., Matthew Sheppe, Esq., Of Counsel, for Plaintiff.

Jones Day, New York, NY, By Steven C. Bennett, Esq., Of Counsel, for Defendant.

OPINION

SWEET, District Judge.

Defendant Consorcio G Grupo Dina, S.A. de C.V. ("Dina") has moved under Rules 12(b) and 56, Fed.R.Civ.P., to dismiss the complaint of plaintiff Weston Funding, LLC ("Weston"), or in the alternative for summary judgment. Weston has opposed Dina's motions and has cross-moved under Rule 15(a), Fed.R.Civ.P., to file a third amended complaint. For the reasons set forth below...

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