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IN RE DBSI, INC.

Bankruptcy No. 08-12687 (PJW). Adversary Nos. 09-51041 (PJW), 09-51042(PJW).

409 B.R. 720 (2009)

In re DBSI, INC., et al., Debtors. Republic Underwriters Insurance Company, Plaintiff, v. DBSI Republic, LLC, and TIC Properties Management, LLC, Defendants.

United States Bankruptcy Court, D. Delaware.

August 10, 2009.

Attorney(s) appearing for the Case

Carl N. Kunz, III, Amy A. Quinlan, Morris James LLP, Wilmington, DE, Bruce Akerly, Jeffrey Lowenstein, Heather H. Jobe, Bell Nunnally & Martin LLP, Dallas, TX, for Plaintiff Republic Underwriters Insurance Company.

Christopher P. Simon, Patrick Brannigan, Cross & Simon, LLC, Wilmington, DE, Thomas R. Fawkes, Edward J. Hannon, Freeborn & Peters LLP, Chicago, IL, for the Tenant-In-Common Investors and TIC Properties Management, LLC.

MEMORANDUM OPINION

PETER J. WALSH, Bankruptcy Judge.

This opinion is with respect to the motion of Plaintiff Republic Underwriters Insurance Company ("Republic") for remand, mandatory abstention and remand, or, alternatively, permissive abstention and remand (Adv.Doc. # 5), and its application for a preliminary injunction (Adv.Doc. # 13). For the reasons stated below, Republic's motion for remand and request for a preliminary injunction are both denied....

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