OPINION AND ORDER ON MOTION FOR SUMMARY JUDGMENT FILED BY CONSTRUCTION MATERIALS, INC.
JAMES J. ROBINSON, Bankruptcy Judge.
Background
On February 6, 2009, the plaintiff, Construction Materials, Inc. ("Plaintiff") commenced an action in the Circuit Court of Shelby County, Alabama (the "State Court") against Quality Properties, LLC (the "Debtor") and the other defendants (the "State Action"). On October 1, 2010, Quality...
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