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IN RE TARRAGON CORPORATION

Case No. 09-10555 (DHS), Adv. Pro. No. 09-01465 (DHS).

In Re: TARRAGON CORPORATION, et al., Debtors. 1200 GRAND STREET CONDOMINIUM ASSOCIATION, Plaintiff, v. 1200 GRAND STREET URBAN RENEWAL LLC, et al., Defendants.

United States Bankruptcy Court, D. New Jersey.

April 16, 2013.

Attorney(s) appearing for the Case

TRAUB LIEBERMAN STRAUS & SHREWSBERRY LLP, Aileen F. Droughton, Esq. , Red Bank, New Jersey, Counsel for Defendant, Axis Surplus Insurance Company.

LUM, DRASCO & POSITAN, LLC, Paul A. Sandars, III, Esq. , Scott E. Resier, Esq. , Roseland, New Jersey, Counsel for Plaintiff, 1200 Grand Street Condominium Association.

NOT FOR PUBLICATION

OPINION

DONALD H. STECKROTH, Bankruptcy Judge.

The defendant, Axis Surplus Insurance Company ("Axis"), filed a motion to dismiss the complaint filed by the plaintiff, 1200 Grand Street Condominium Association ("Association" or "Plaintiff"), for failure to state a claim under Federal Rule of Civil Procedure 12(b)(6) ("Rule 12(b)(6)"). Also before the Court, is the Plaintiff's Cross...

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