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IN RE VIENNEAU

Bankruptcy No. 07-43690-JBR. Adversary No. 08-4021.

410 B.R. 329 (2009)

In re Joseph C. VIENNEAU, M. Jeannette Vienneau, Debtors. Joseph C. Vienneau and M. Jeannette Vienneau, Plaintiffs, v. Saxon Capital, Inc., Saxon Mortgage Services, and Morgan Stanley & Co., Incorporated, Defendants.

United States Bankruptcy Court, D. Massachusetts.

August 12, 2009.

Attorney(s) appearing for the Case

James L. O'Connor, Jr., Nickless and Phillips, PC, Fitchburg, MA, for Plaintiffs.

Bernard D. Posner, Hinshaw & Culbertson LLP, Boston, MA, for Defendants.

MEMORANDUM OF DECISION ON MOTIONS TO DISMISS

JOEL B. ROSENTHAL, Bankruptcy Judge.

This matter came before the Court for hearings on the Motion to Dismiss of Saxon Capital, Inc. ("Saxon Capital") and Saxon Mortgage Services ("Saxon Mortgage" and collectively with Saxon Capital, the "Saxon Defendants") [# 15] as well as the "Partial Motion to Dismiss" filed by Morgan Stanley & Co., Incorporated ("Morgan Stanley") [#31]. The Saxon Defendants submitted a...

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