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IN RE DGI RESOLUTIONS, INC.

Bankruptcy No. 09-14063 (PJW). Adversary No. 10-55355 (PJW).

445 B.R. 376 (2011)

In re DGI RESOLUTIONS, INC., Debtor. DGI Liquidating Trust, by and through Walker, Truesdell, Roth & Associates, in its capacity as Liquidating Trustee, Plaintiff, v. William Gallagher Associates Insurance Brokers, Inc., Defendant.

United States Bankruptcy Court, D. Delaware.

February 17, 2011.

Attorney(s) appearing for the Case

Christopher P. Simon , David G. Holmes , Cross & Simon, LLC, Wilmington, DE, Nancy D. Adams , Kevin J. Walsh , Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C., Boston, MA, for Defendant William Gallagher Associates Insurance Brokers, Inc.

Pauline K. Morgan , Ryan M. Bartley , Michael S. Neiburg , Justin H. Rucki , Young Conaway Stargatt & Taylor, LLP, Wilmington, DE, for Plaintiff DGI Liquidating Trust, by and through Walker, Truesdell, Roth & Associates, in its capacity as Liquidating Trustee.

MEMORANDUM OPINION

PETER J. WALSH, Bankruptcy Judge.

This opinion is with respect to the motion to dismiss the Complaint. (Doc. # 4.) The motion to dismiss is filed by William Gallagher Associates Insurance Brokers, Inc. ("WGA"), pursuant to Federal Rule of Civil Procedure 12(b)(6). The three-count Complaint, filed by DGI Liquidating Trust, by and through its liquidating trustee Walker, Truesdell, Roth & Associates ("Trustee"), seeks to recover a $75...

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