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IN RE NETBANK, INC.

Bankruptcy No. 07-04296-JAF. Adversary No. 09-00452-JAF.

424 B.R. 568 (2010)

In re NETBANK, INC., Debtor. Clifford Zucker, in his capacity as Liquidating Supervisor for NetBank, Inc., Plaintiff, v. Douglas K. Freeman, Defendant.

United States Bankruptcy Court, M.D. Florida, Jacksonville Division.

February 19, 2010.

Attorney(s) appearing for the Case

Michael D. Langford, Shane G. Ramsey, Kilpatrick Stockton LLP, Atlanta, GA, for Plaintiff.

Raye Curry Elliott, Akerman Senterfitt, Jacksonville, FL, for Defendant.

ORDER GRANTING DEFENDANT'S MOTION TO DISMISS COUNT ONE OF COMPLAINT

JERRY A. FUNK, Bankruptcy Judge.

This proceeding came before the Court upon Defendant Douglas K. Freeman's Motion to Dismiss Count One of Complaint (the "Motion to Dismiss"), Liquidating Supervisor's Response in Opposition to Defendant Douglas K. Freeman's Motion to Dismiss Count One of Complaint (the "Response to the Motion to Dismiss"), and Defendant's Reply to Plaintiff's Response...

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