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IN RE CONTINENTAL CAPITAL INV. SERVICES

Bankruptcy No. 03-3370. Adversary No. 09-3322.

439 B.R. 111 (2010)

In re CONTINENTAL CAPITAL INVESTMENT SERVICES, INC. and Continental Capital Securities, Inc., Debtors. Thomas S. Zaremba, Trustee, Plaintiff, v. Federal Insurance Company, Defendant.

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

September 30, 2010.

Attorney(s) appearing for the Case

Laurie Avery , Toledo, OH, Thomas V. Gebler, Jr. , Margolis Edelstein , Pittsburgh, PA, Michelle J. Sheehan , Reminger & Reminger Co., L.P.A., Cleveland, OH, for Defendant.

John P. Donahue , Perrysburg, OH, Patricia B. Fugee , Toledo, OH, for Plaintiff.

MEMORANDUM OF DECISION AND ORDER REGARDING MOTION TO DISMISS

MARY ANN WHIPPLE, Bankruptcy Judge.

This adversary proceeding is before the court on Plaintiff's Motion to Dismiss Counterclaim [Doc. # 34], Defendant's opposition [Doc. # 36], Plaintiff's reply [Doc. # 38], and Defendant's sur-reply [Doc. # 42]. This action was commenced in connection with an underlying broker-dealer liquidation proceeding brought against Continental Capital Investment...

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