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IN RE GOULD

Bankruptcy No. 03-51180. Adversary No. 04-05045.

337 B.R. 750 (2006)

In re Peter J. GOULD, d/b/a, Cherry Hill Development Co., Debtor. Peter J. Gould, d/b/a, Cherry Hill Development Co., Plaintiff, v. Lawrence S. Berger, U.S. Land Resources, L.P., Carlstadt Associates, Ltd., Keystone NJP IV, L.L.C., Defendants.

United States Bankruptcy Court, D. Connecticut.

February 7, 2006.

Attorney(s) appearing for the Case

Thomas J. Romans, Esq., Hackensack, NJ, Peter L. Ressler, Esq., Groob Ressler & McQueen, New Haven, CT, for the plaintiff.

Walter J. Fleischer, Jr., Esq., Michael J. Reynolds, Esq., Drinker Biddle & Reath, Florham Park, NJ, Matthew K. Beatman, Esq., Zeisler & Zeisler, Bridgeport, CT, for defendant Keystone NJP IV, L.L.C.

MEMORANDUM AND ORDER ON MOTION FOR SUMMARY JUDGEMENT

ALAN H.W. SHIFF, Bankruptcy Judge.

Defendant Keystone NJP IV, LLC ("Keystone") brings this motion for summary judgement to dismiss the Second Count of plaintiff-debtor Peter J. Gould's December 7, 2004 complaint. For the reasons that follow the motion is granted.

Background

The following material facts are not in dispute:1

On April 2, 1991, Lensclean...

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