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ISRAEL DISCOUNT BANK OF NEW YORK v. HIGGINS

C.A. No. 9817-VCP.

Israel Discount Bank of New YORK, Plaintiff, v. ROBERT HIGGINS and CERTIFIED ASSETS MANAGEMENT, INC., Defendants/Third-Party Plaintiffs, v. REPUBLIC NATIONAL BUSINESS CREDIT LLC and NED FENTON, Third-Party Defendants.

Court of Chancery of Delaware.

Decided: August 31, 2015.

Attorney(s) appearing for the Case

Joseph B. Cicero, Esq. , Stephanie Habelow, Esq. , CHIPMAN, BROWN, CICERO & COLE, LLP, Wilmington, Delaware; Attorneys for Plaintiff, Israel Discount Bank of New York.

David A. Felice, Esq. , BAILEY & GLASSER, LLP, Wilmington, Delaware; Attorneys for Defendants, Third-Party Plaintiffs, Robert Higgins and Certified Assets Management, Inc.

Thad J. Bracegirdle, Esq. , Samuel L. Moultrie, Esq. , WILKS, LUKOFF & BRACEGIRDLE, LLC, Wilmington, Delaware; Attorneys for Third-Party Defendants, Republic National Business Credit LLC and Ned Fenton.

MEMORANDUM OPINION

Before the Court is a motion by the third-party defendants to dismiss the amended third-party complaint under Court of Chancery Rules 9(b), 12(b)(2), and 12(b)(6). The third-party defendants advance a litany of arguments as to why the third-party complaint should be dismissed. For the reasons...

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