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IN RE MORTGAGES LTD.

No. 2:08BK07465-RJH.

399 B.R. 673 (2008)

In re MORTGAGES LTD., Debtor. National Retail Development Partners I, LLC, Plaintiff, v. Alan J. Maness, et al., Defendants.

United States Bankruptcy Court, D. Arizona.

December 11, 2008.

Attorney(s) appearing for the Case

Daryl M. Williams, Craig M. LaChance, Michael C. Blair, Baird, Williams & Greer, for Plaintiff.

Mark Allen Nadeau, DLA Piper LLP, for Defendants.

Robert J. Odson, DLP Piper LLP (US), for Defendants.

Daxton R. Watson, Mack Brucker & Watson PLLC, for Defendants.

OPINION AND ORDER DENYING MOTION TO REMAND

HAINES, Bankruptcy Judge.

This is a breach of contract action alleging that certain "investors" in Mortgages Ltd., the debtor in possession in a chapter 11 case pending before this Court, assumed some of its obligation to fund a construction loan to the Plaintiff, and then failed to fully fund that loan. The case was originally filed in Maricopa County Superior Court but some of the defendants, including the five...

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