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GMAC COMMERCIAL MORTG. v. EAST TEXAS HOLDINGS

No. 6:06-CV-165.

441 F.Supp.2d 801 (2006)

GMAC COMMERCIAL MORTGAGE CORPORATION, as Servicer for the FMAC Loan Receivables Trust C. Plaintiff, v. EAST TEXAS HOLDINGS, INC., Honey Stop Properties, Inc., and Honey Stop Food Marts, Inc., Defendants.

United States District Court, E.D. Texas, Tyler Division.

July 17, 2006.

Attorney(s) appearing for the Case

Gary Charles Miller, Andrews & Kurth, Houston, TX, Kay Standridge Kress, Pepper Hamilton LLP, Detroit, MI, for Plaintiff.

Andy Wade Tindel, Provost Umphrey Law Firm, Tyler, TX, Glenn Allen Perry, Sloan & Monsour, Longview, TX, for Defendants.

MEMORANDUM OPINION AND ORDER ON PLAINTIFF'S MOTION TO DISMISS COUNTERCLAIMS

SCHNEIDER, District Judge.

Before the Court is Plaintiff GMAC Commercial Mortgage Corporation's ("GMAC" or "Plaintiff') Motion to Dismiss Defendants East Texas Holdings, Inc., Honey Stop Properties, Inc., and Honey Stop Food Marts, Inc.'s ("Defendants") Counterclaims Under Federal Rule of Civil Procedure Rule 12(b)(6) (Doc. No. 29).

I. Background

Defendants...

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