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IN RE AMERICAN HOME MORTG. HOLDINGS, INC.

Bankruptcy No. 07-11047 (CSS). Adversary No. 07-51739 (CSS).

388 B.R. 69 (2008)

In re AMERICAN HOME MORTGAGE, HOLDINGS, INC., a Delaware Corporation, et al., Debtors. American Home Mortgage Investment Corp., Plaintiff, v. Lehman Brothers Inc., and Lehman Commercial Paper Inc., Defendants.

United States Bankruptcy Court, D. Delaware.

May 23, 2008.

Attorney(s) appearing for the Case

William P. Bowden, Amanda M. Winfree, Benjamin W. Keenan, Ashby & Geddes, PA., Wilmington, DE, Robert J. Rosenberg, (Argued), Noreen A. Kelly-Najah, George Royle, Michael J. Riela, Latham & Watkins, LLP, New York, NY, for Defendants Lehman Brothers, Inc. and Lehman Commercial Paper Inc.

John T. Dorsey, Erin D. Edwards, Young, Conaway, Stargatt Taylor, LLP, Wilmington, DE, Susheel Kirpalani, James C. Tecce, (Argued), Harrison Denman, Quinn, Emanuel, Urquhart, Oliver & Hedges, LLP, New York, NY, Counsel to American Home Mortgage Investment Corp.

OPINION1

CHRISTOPHER S. SONTCHI, Bankruptcy Judge.

INTRODUCTION

Before the Court is a motion to dismiss the bulk of the complaint filed by American Home Mortgage Investment Corp. against Lehman Brothers Inc. and Lehman Commercial Paper Inc. The complaint contains five counts, including five requests for declaratory judgment contained in the fifth count. The first three requests for declaratory judgment...

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