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IN RE EASTERLY CONST. CO., INC.

Bankruptcy No. 08-11756. Adversary No. 09-1002.

408 B.R. 627 (2009)

In re EASTERLY CONSTRUCTION COMPANY, INC., Debtor Easterly Construction Company, Inc., Plaintiff v. Vantage Construction, LLC, Saun Sullivan, H. Allen Thomason, Jeff Purpera, Jr. and JHA Enterprises, d/b/a Henderson Auctions, Defendants.

United States Bankruptcy Court, M.D. Louisiana.

July 24, 2009.

Attorney(s) appearing for the Case

Catherine Noel Steffes, Michael H. Piper, Baton Rouge, LA, for Plaintiff.

J. Eric Lockridge, Kean Miller, Baton Rouge, LA, for Defendants.

MEMORANDUM OPINION

DOUGLAS D. DODD, Bankruptcy Judge.

Debtor Easterly Construction Company, Inc. sued the defendants for wrongfully seizing and selling its assets. The debtor's first amended and supplemental complaint also alleges that defendant Jeff Purpera, Jr., its accountant, breached fiduciary duties. Purpera moves to dismiss the amended complaint under Fed. R. Bankr.P. 7012(b)(1) (lack of jurisdiction) and (6) (failure to state a claim upon which relief...

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