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IN RE MUSICLAND HOLDING CORP.

Bankruptcy No. 06-10064(SMB), Adversary No. 07-01705.

374 B.R. 113 (2007)

In re MUSICLAND HOLDING CORP., et al., Debtors. Buena Vista Home Entertainment, Inc., a California corporation; Cargill Financial Services International, Inc., a Delaware corporation; Hain Capital Group, LLC, a Delaware limited liability company; Paramount Pictures Corporation, a Delaware corporation; Twentieth Century Fox Home Entertainment LLC, a Delaware limited liability company; UBS Willow Fund, LLC, a Delaware limited liability company; and Varde Investment Partners, L.P., a Delaware limited partnership, Plaintiffs, v. Wachovia Bank, NA., a national banking association, in its capacity as Agent; and Harris N.A., a national banking association, Defendants.

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

August 24, 2007.

Attorney(s) appearing for the Case

Otterbourg Steindler Houston & Rosen, P.C., Richard Haddad, Esq., Stuart J. Wells, Esq., Of Counsel, New York, NY, for Defendant Wachovia Bank, NA.

Pachulski Stang Ziehl Young Jones & Weintraub LLP, Robert J. Feinstein, Esq., Alan J. Kornfeld, Esq., Beth E. Levine, Esq., Marc A. Beilinson, Esq., Of Counsel, New York, NY, for Plaintiff.

Chapman & Cutler LLP, Fredrick Lochbihler, Esq., David S. Barritt, Esq, Michael T. Benz, Esq., Of Counsel, Piliero Goldstein Kogan & Miller LLP, Robert D. Piliero, Esq., Richard D. Brosnick, Esq., Of Counsel, to Defendant Harris, N.A.

MEMORANDUM DECISION AND ORDER GRANTING MOTION TO DISMISS COMPLAINT

STUART M. BERNSTEIN, Chief Judge.

The plaintiffs, secured trade creditors of the debtors (collectively, "Musicland"), brought this adversary proceeding against the defendant banks, alleging claims for breach of contract, various torts and unjust enrichment relating to a pre-petition intercreditor agreement. The defendants moved to dismiss for failure to state a claim upon which relief can...

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