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DUZICH v. ADVANTAGE FINANCE CORP.

No. CIV.A.G-03-403.

424 F.Supp.2d 910 (2003)

Marion DUZICH, Seafood Marketing, Inc., Gulfway Seafoods, Inc., Galveston Harbor Properties, Inc., Island Time Property Company, Island Spice & Tea Co., Southeast Packing Company, Fish Tales, Inc., the Spot in the Village, and Waterman International, Inc., Plaintiffs, v. ADVANTAGE FINANCE CORPORATION, the CIT Group/Commercial Services, Inc., DBO Seidman, LLP Defendants.

United States District Court, S.D. Texas, Galveston Division.

December 23, 2003.

Attorney(s) appearing for the Case

Taylor M. Hicks, Jr., Hicks Thomas et al., Houston, TX, for Plaintiffs.

Michael S. Forshey, Greenberg Traurig LLP, Dallas, TX, for Defendants.

ORDER GRANTING DEFENDANT THE CIT GROUP/COMMERCIAL SERVICES, INC.'S 12(b) (6) MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM UPON WHICH RELIEF CAN BE GRANTED.

KENT, District Judge.

This diversity case presents claims of malicious prosecution and civil conspiracy arising out of the alleged wrongful prosecution of an action in the United States Bankruptcy Court for the Southern District of Texas. For the reasons stated below, Defendant The...

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