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IN RE LIZZA EQUIPMENT LEASING, LLC

Case No. 19-21763 (MBK) (Jointly Administered) Adv. Pro. No. 19-02285 (MBK).

614 B.R. 653 (2020)

IN RE: LIZZA EQUIPMENT LEASING, LLC, et al., Debtors. Azzil Granite Materials, LLC, Plaintiff, v. Canadian Pacific Railway Corporation, Delaware & Hudson Railway Company, and New York & Atlantic Railway, Defendants.

United States Bankruptcy Court, D. New Jersey.

Signed May 12, 2020.

Attorney(s) appearing for the Case

Kate Roggio Buck, Esq. , McCarter & English, LLP, Renaissance Centre, 405 N. King Street, 8th Floor, Wilmington, DE 19801, Counsel for Canadian Pacific Railway Company and Delaware and Hudson Railway Company.

Kyle George Kunst, Esq. , Gallet, Dreyer Berkey, LLP, 845 Third Avenue, 5th Floor, New York, NY 10022, Counsel for New York & Atlantic Railway Company.

David Rifkind, Esq. , Stinson, LLP, 1775 Pennsylvania Ave. NW, Suite 800, Washington, D.C. 20006, Counsel for Canadian Pacific Railway Company and Delaware and Hudson Railway Company.

William A. Mullins, Esq. , Baker & Miller, PLLC, 2401 Pennsylvania Ave. NW, Suite 300, Washington, D.C. 20037, Counsel for New York & Atlantic Railway Company.

MEMORANDUM OPINION GRANTING Defendants' Joint Motion to Dismiss Counts I, II, and III of the Complaint and GRANTING Defendant New York & Atlantic Railway's Motion to Dismiss Count IV of the Complaint

This matter comes before the Court on two motions to dismiss—the first filed by Defendant New York...

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