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CLUB HAVEN INV. CO. v. CAPITAL CO. OF AMERICA

No. 98 Civ. 8564(MBM).

160 F.Supp.2d 590 (2001)

CLUB HAVEN INVESTMENT COMPANY, LLC, Plaintiff, v. CAPITAL COMPANY OF AMERICA, LLC, f/k/a Nomura Asset Capital Corp, Defendants. Capital Company of America LLC, Counter-Plaintiff, v. Club Haven Investment Company LLC, Counterclaim-Defendant. and H.V. McCoy, Jr., Additional Defendant on Counterclaim.

United States District Court, S.D. New York.

April 6, 2001.

Attorney(s) appearing for the Case

Daniel L. Carroll, Leigh A. Roveda, Hutton Ingram Yuzek Gainen Carroll & Bertoloff, New York, NY, for Plaintiff.

A. Robert Pietrzak, Nicholas H. De Baum, David S. Grossman, Brown & Wood, New York, NY, for Defendant.

OPINION AND ORDER

MUKASEY, District Judge.

In this diversity action, plaintiff Club Haven Investment Company LLC sues defendant Capital Company of America1 ("CCA") for breach of contract. CCA moves to dismiss plaintiff's second amended complaint (the "Complaint") under Fed. R.Civ.P. 12(b)(6). For the reasons stated below, CCA's motion is denied.

I.

For the purposes of deciding CCA's motion to dismiss, the material...

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