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U.S. BANK NAT. ASS'N v. ABLES & HALL BUILDERS

No. 08 Civ. 2540(DC).

582 F.Supp.2d 605 (2008)

U.S. BANK NATIONAL ASSOCIATION, Plaintiff, v. ABLES & HALL BUILDERS, a Kentucky General Partnership, and Ronnie Ables, Dennis Wade Ables, and, James A. Hall, its General Partners, Defendants.

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

October 27, 2008.

Attorney(s) appearing for the Case

Sasson & Blaivas LLP, by Moshe Sasson, Esq., New York, NY, and Michael Best & Friedrich LLP, by Jacob E. Miota, Esq., Milwaukee, WI, for Plaintiff.

Traflet & Fabian, by Stephen G. Traflet, Esq., New York, NY, and Fultz Maddox Hovious & Dickens PLC, by John David Dyche, Esq., Louisville, KY, for Defendants.

OPINION

CHIN, District Judge.

In this breach of contract case, defendants move to dismiss plaintiffs complaint pursuant to Federal Rules of Civil Procedure 12(b)(2), (3), and (6). For the reasons set forth below, defendants' motion to dismiss is denied.

BACKGROUND

A. The Facts

For the purposes of this motion to dismiss, the facts in the complaint are assumed to be true and are construed in the...

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