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IN RE ENIVID. INC.

Bankruptcy No. 03-11472-JNF, Adversary No. 04-1439-JNF.

345 B.R. 426 (2006)

In re ENIVID. INC., et al., Debtors. James B. Boles, Liquidation Trust Representative of the Liquidating Trust of Enivid, Inc., Plaintiff, v. Andrew J. Filipowski, Paul Humenansky, Michael Cullinane and Jude Sullivan, Defendants.

United States Bankruptcy Court, D. Massachusetts.

July 12, 2006.

Attorney(s) appearing for the Case

Richard E. Mikels, Mintz, Levin, Cohn, Ferris, Boston, MA, for Debtors.

MEMORANDUM OF DECISION

JOAN N. FEENEY, Bankruptcy Judge.

I. INTRODUCTION

The contested matters before the Court are the following: (1) "Defendant Andrew J. Filipowski's Motion to Dismiss Counts I, V-VII, and XII-XIV of the First Amended Complaint" through which defendant Andrew Filipowski ("Filipowski") seeks to dismiss, pursuant to Fed.R.Civ.P. 12(b)(6) and 9(b) (the "Filipowski Motion to Dismiss"), Counts I, V through VII and XII through...

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