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IN RE GLUTH BROS. CONST., INC.

Bankruptcy No. 07-B-71375. Adversary No. 09-A-96133.

424 B.R. 368 (2009)

In re GLUTH BROS. CONSTRUCTION, INC., Debtor. Charles Dixon and Charles Graeber, Jr., not in their individual capacities but solely as Trustees of the Gluth Bros. Construction, Inc. Creditor Trust, Plaintiff, v. Charles W. Ruth; Alliance Contractors, Inc.; Ruth Development Company, Inc.; Cheers Holdings, LLC; and Alliance Contractors, Inc and Gluth Bros. Construction, Inc. Joint Venture, Defendants.

United States Bankruptcy Court, N.D. Illinois, Western Division.

November 19, 2009.

Attorney(s) appearing for the Case

Aaron L. Hammer, Shira R. Isenberg, Freeborn & Peters LLP, Chicago, IL, for Plaintiffs.

Bradley T. Koch, Holmstrom & Kennedy P.C., Rockford, IL, for Defendants.

MEMORANDUM OPINION

MANUEL BARBOSA, Bankruptcy Judge.

This matter comes before the Court on Defendants' Motion to Dismiss Adversary Complaint. For the reasons set forth herein, the Court will grant the Defendants' motion to dismiss each of the counts of the Adversary Complaint. However, the Court will grant leave for the Plaintiff to file an amended adversary complaint, if it desires, within thirty days consistent with this opinion.

JURISDICTION...

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