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31800 WICK ROAD HOLDINGS v. FUTURE LODGING-AIRPORT

Case No. 10-13692.

848 F.Supp.2d 757 (2012)

31800 WICK ROAD HOLDINGS, LLC, Plaintiff, v. FUTURE LODGING-AIRPORT, INC. and Kays Zair, Defendants. and Future Lodging-Airport, Inc., Counter-Plaintiff v. 31800 Wick Road Holdings, LLC, Counter-Defendant, and Bank of America As Trustee for the Registered Holders of LB-UBS Commercial Mortgage Trust 2006-c7, Commercial Mortgage Pass-Through Certificates, Series 2006-C7; and CW Capital Asset Management LLC, Third-Party Defendants.

United States District Court, E.D. Michigan, Southern Division.

January 30, 2012.

Attorney(s) appearing for the Case

Douglas W. Eyre , Miller, Canfield, Detroit, MI, Emily C. Palacios , Miller, Canfield, Ann Arbor, MI, Megan B. Odell , Miller Canfield Paddock and Stone, P.L.C., Troy, MI, for Plaintiff and Counter-Defendant.

Brian B. Brown , Kullen & Kassab, Farmington Hills, MI, for Defendants and Counter-Plaintiff.

OPINION AND ORDER GRANTING IN PART AND DENYING IN PART PLAINTIFF/COUNTER-DEFENDANTS' MOTIONS FOR PARTIAL SUMMARY JUDGMENT (# 35 and # 40)

GEORGE CARAM STEEH, District Judge.

On September 16, 2010, 31800 Wick Road Holdings, LLC ("Wick Road") filed a complaint in this court seeking to recover money allegedly owed by defendant Future Lodging-Airport, Inc. ("Borrower") under the terms of a promissory note in

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