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IN RE MOTORCYCLE EXCELLENCE GROUP, INC.

Bankruptcy No. 06-41196-ess. Adversary No. 06-1258-ess.

365 B.R. 370 (2006)

In re The MOTORCYCLE EXCELLENCE GROUP, INC., Debtor. The Motorcycle Excellence Group, Inc., Plaintiff, v. BMW of North America, LLC, Defendant.

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

September 6, 2006.

Attorney(s) appearing for the Case

Tracy L. Klestadt, Esq., Klestadt & Winters, LLP, New York, NY, for The Motorcycle Excellence Group, Inc.

John R. Skelton, Esq., Bingham McCutchen LLP, Boston, MA, for BMW of North America, LLC.

MEMORANDUM DECISION ON CROSS-MOTIONS FOR PARTIAL SUMMARY JUDGMENT

ELIZABETH S. STONG, Bankruptcy Judge.

BMW of North America, LLC ("BMW"), the defendant in this adversary proceeding (the "Adversary Proceeding") moves for partial summary judgment (the "Motion for Summary Judgment") dismissing the first and second claims for relief asserted in the complaint (the "Complaint") of The Motorcycle Excellence Group, Inc. d/b/a Precision Motorcycles, the debtor and...

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