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IN RE ALL AMERICAN SEMICONDUCTOR, INC.

Bankruptcy No. 07-12963-BKC-LMI. Adversary No. 09-1466-BKC-LMI.

490 B.R. 418 (2013)

In re ALL AMERICAN SEMICONDUCTOR, INC., Debtor. AASI Creditor Liquidating Trust, by and through Kenneth A. Welt, Liquidating Trustee, pursuant to the confirmed Third Amended Plan of Liquidation of The Official Committee of Unsecured Creditors, Plaintiff, v. Oracle USA, Inc. et al., Defendants.

United States Bankruptcy Court, S.D. Florida.

January 25, 2013.

Attorney(s) appearing for the Case

Brett D. Lieberman , Jesse R. Cloyd , Scott A. Underwood, Esq. , Thomas M. Messana, Esq. , Fort Lauderdale, FL, for Plaintiff.

Gregory S. Grossman, Esq. , Edward M. Mullins , Adrian Nunez , Astigarraga Davis Mullins & Grossman, PA, Miami, FL, Steven E. Seward , Peter A. Tappert, Esq. , Miami, FL, Jimmy D. Parrish , Orlando, FL, Theodore J. Kobus, III , New York, NY, Matthew C. Martin , Coral Gables, FL, Alan J. Perlman, Esq. , Fort Lauderdale, FL, for Defendants.

MEMORANDUM OPINION ON DEFENDANTS' MOTIONS TO DISMISS

LAUREL M. ISICOFF, Bankruptcy Judge.

This matter came before me on July 11, 2012, on motions to dismiss the Second Amended Complaint filed by four of the named defendants.1 The Plaintiff, the AASI Creditors Liquidating Trust by and through its Liquidating Trustee ("Plaintiff"), initiated this adversary proceeding on April 24, 2009 with its first Complaint, as amended (ECF ...

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