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IN RE CITRUS TOWER BLVD. IMAGING CENTER, LLC

Bankruptcy No. 11-70284-MGD. Adversary No. 14-05105.

520 B.R. 892 (2014)

In re CITRUS TOWER BOULEVARD IMAGING CENTER, LLC, Debtor. Citrus Tower Boulevard Imaging Center, LLC, Plaintiff, v. KEY EQUIPMENT FINANCE, INC., Defendant.

United States Bankruptcy Court, N.D. Georgia, Atlanta Division.

Filed and Entered September 9, 2014.

Attorney(s) appearing for the Case

Anna Mari Humnicky , Garrett H. Nye , Gus H. Small , Cohen Pollock Merlin & Small, P.C., Atlanta, GA, for Plaintiff.

John F. Isbell , Garrett A. Nail , Thompson Hine LLP, Atlanta, GA, for Defendant.

ORDER GRANTING DEFENDANT'S MOTION TO DISMISS

MARY GRACE DIEHL, Bankruptcy Judge.

This is an action brought by Debtor against its lender, Key Equipment Finance, Inc. ("Key"). Debtor was formed to build out an imaging center that would be leased to participating physicians. Debtor and Key entered into a Master Lease and Progress Payment Loan and Security Agreement in January 2010 to finance the build-out and to purchase necessary equipment. Key disbursed...

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