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IN RE OSC 1 LIQUIDATING CORP.

Case No. 13-11565 (CSS) (Jointly Administered) Adv. Case No. 14-50103 (CSS).

529 B.R. 825 (2015)

IN RE: OSC 1 LIQUIDATING CORPORATION f/k/a Orchard Supply Hardware Stores Corporation, et al., Debtors. Alamo Group, LLC and Kirin Alamo, LLC, Plaintiffs, v. A & G Realty Partners, LLC, Michael Jerbich, and Does 1-25 Defendants.

United States Bankruptcy Court, D. Delaware.

Signed May 12, 2015.

Attorney(s) appearing for the Case

Ballard Spahr LLP, Tobey M. Daluz , Jessica L. Case , 919 North Market Street, 11th Floor, Wilmington, Delaware 19801 and Brent Weisenberg , 425 Park Avenue, New York, New York 10022, Counsel for Defendants A & G Realty Partners, LLC and Michael Jerbich.

Ashby & Geddes, P.A., William P. Bowden , Gregory A. Taylor , 500 Delaware Avenue, 8th Floor, Wilmington, Delaware 19899 and Burkhalter Kessler Clement & George LLP, Daniel J. Kessler , Eric J. Hardeman , 2020 Main Street, Suite 600, Irvine, California 92614, Counsel for Plaintiffs Kirin Alamo, LLC and Alamo Group, LLC.

OPINION1

INTRODUCTION

Before the Court is Defendants' 12(b)(6) Motion to Dismiss for failure to state a claim for fraudulent misrepresentation. Because Plaintiffs fail to allege materiality, a necessary element of a Delaware common law fraud claim, the Court will grant Defendants...

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