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IN RE HYDROGEN, L.L.C.

Bankruptcy No. 08-14139 (AJG). Adversary No. 09-01142 (AJG).

431 B.R. 337 (2010)

In re HYDROGEN, L.L.C., Debtor. Official Committee of Unsecured Creditors of Hydrogen, L.L.C., Plaintiff, v. Leo Blomen, Blomenco B.V., John Freeh, Joshua Tosteson, Larry Scott Wilshire, Gregory Morris, Christopher Garofalo, Michael Basham, Alton Romig, Jr., Howard Yana-Shapiro, Brian Bailys, Brian McGee, Philip Kranenburg, Andrew Thomas, John And Jane Does 1-10, and ABC Corps. 1-10, Defendants.

United States Bankruptcy Court, S.D. New York.

April 20, 2010.

Attorney(s) appearing for the Case

Arent Fox LLP, Schuyler G. Carroll, Esq., James M. Sullivan, Esq., Adrienne W. Blankley, Esq., of Counsel, New York, NY, for the Official Committee of Unsecured Creditors.

Maria J. DiConza, Esq., Adam C. Dembrow, Esq., of Counsel, Greenberg Traurig LLP, New York, NY, for Defendants Leo Blomen and Blomenco B.V.

Alec P. Ostrow, Esq., Constantine D. Pourakis, Esq., of Counsel, Stevens & Lee, P.C., New York, NY, for Defendant John Freeh.

OPINION CONCERNING DEFENDANTS' MOTIONS TO DISMISS AMENDED COMPLAINT

ARTHUR J. GONZALEZ, Chief Judge.

FACTS

Overview and Procedural History

HydroGen, L.L.C. (the "Debtor") was a development stage company that manufactured phosphoric acid fuel cells for use in modules and power plants fueled by hydrogen and hydrocarbon gases for application by industrial and chemical industry end-users. The Debtor, an Ohio limited liability company...

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