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WATER WORKS BD. v. AMBAC FINANCIAL GROUP, INC.

Civil Action No. CV-09-AR-2296-S.

718 F.Supp.2d 1317 (2010)

WATER WORKS BOARD OF the CITY OF BIRMINGHAM, Plaintiff, v. AMBAC FINANCIAL GROUP, INC., and Ambac Assurance Corporation, Defendants.

United States District Court, N.D. Alabama, Southern Division.

April 1, 2010.

Attorney(s) appearing for the Case

K. Mark Parnell,   Mary H. Thompson , Waldrep Stewart & Kendrick LLC, Birmingham, AL, for Plaintiff.

Brian N. Lasky,   Robert P. Lobue , Patterson Belknap Webb & Tyler LLP, New York, NY, Michael T. Scivley,   Rik S. Tozzi , Starnes & Atchison LLP, Birmingham, AL, for Defendants.

MEMORANDUM OPINION

WILLIAM M. ACKER, JR., District Judge.

Before the court is the motion of defendants, Ambac Financial Group, Inc., and Ambac Assurance Corporation (collectively "Ambac"), to dismiss the amended complaint of plaintiff, Water Works Board of the City of Birmingham ("the Board"), for failure to state a claim upon which relief can be granted. Ambac's said Rule 12(b)(6) motion was orally argued on February 26, 2010. For the reasons that...

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