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IN RE CHARYS HOLDING CO., INC.

Bankruptcy No. 08-10289 (BLS). Adversary No. 10-50213 (BLS).

443 B.R. 628 (2010)

In re CHARYS HOLDING COMPANY, INC. and Crochet & Borel Services, Inc., Debtors. Charys Liquidating Trust and C & B Liquidating Trust, Plaintiffs, v. McMahan Securities Co., L.P., Defendant.

United States Bankruptcy Court, D. Delaware.

August 27, 2010.

Attorney(s) appearing for the Case

Frederick B. Rosner , Scott J. Leonhardt , Messana Rosner & Stern LLP, Wilmington, DE, for Defendant McMahan Securities Co., L.P.

Michael G. Busenkell , Womble, Carlyle Sandridge & Rice, PLLC, Wilmington, DE, Philip J. Mohr , Womble, Carlyle Sandridge & Rice, PLLC, Winston-Salem, NC, for Plaintiffs Charys Liquidating Trust and C & B Liquidating Trust.

OPINION1

BRENDAN LINEHAN SHANNON, Bankruptcy Judge.

Before the Court is a motion to dismiss (the "Motion") [Docket No. 6] brought by McMahan Securities Co., L.P. ("McMahan" or "Defendant") seeking dismissal of the First Amended Complaint (the "Complaint") [Docket No. 10] filed by Charys Liquidating Trust and C & B Liquidating Trust (together, the "Trusts" or "Plaintiffs...

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