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IN RE PERRY H. KOPLIK & SONS, INC.

Bankruptcy No. 02-40648 (REG). Adversary Proceeding No. 05-01136.

357 B.R. 231 (2006)

In re PERRY H. KOPLIK & SONS, INC., Debtor. Michael S. Fox, as Litigation Trustee of Perry H. Koplik & Sons, Inc., Plaintiff, v. Bank. Mandiri, formerly known as Bank Dagang Negara, Defendant.

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

October 23, 2006.

Attorney(s) appearing for the Case

Kelley Drye & Warren LLP, by Robert S. Friedman, Esq. (argued), Alison MacGregor, Esq., New York, NY, Counsel for Plaintiff Michael S. Fox, Litigation Trustee of Perry H. Koplik & Sons, Inc.

White & Case LLP, by Carolyn B. Lamm, Esq., Francis A. Vasquez, Jr., Esq. (argued), Nicole Erb, Esq., Washington, D.C., Counsel for Defendant Bank Mandiri, formerly known as Bank Dagang Negara.

DECISION AND ORDER ON MOTION TO DISMISS

ROBERT E. GERBER, Bankruptcy Judge.

In this adversary proceeding under the umbrella of the chapter 11 case of Perry H. Koplik & Sons, Inc. ("Koplik"), plaintiff Michael S. Fox (the "Trustee"), the Litigation Trustee for the Koplik estate, seeks money damages from defendant Bank Mandiri for Bank Mandiri's failure to honor a letter of credit. Bank Mandiri moves, pursuant to Fed.R.Civ.P. 12(b)(2) and 12(b)...

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