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IN RE TOUSA, INC.

Bankruptcy No. 08-10928-BKC-JKO. Adversary No. 08-01435-JKO-A.

406 B.R. 421 (2009)

In re TOUSA, INC., et al., Debtors. Official Committee of Unsecured Creditors of TOUSA, Inc., et al., Plaintiff, v. Citicorp North America, Inc., et al., Defendants.

United States Bankruptcy Court, S.D. Florida, Fort Lauderdale Division.

June 17, 2009.

Attorney(s) appearing for the Case

Paul Steven Singerman, Esq., Miami, FL, for Debtors.

Alan D. Strasser, Washington, DC, Patricia A. Redmond, Esq., Miami, FL, for Plaintiff.

Allan E. Wulbern, Jacksonville, FL, Amy D. Harris, Esq., Tampa, FL, Craig V. Rasile, Esq., Jeffrey I. Snyder, Scott L. Baena, Esq., Miami, FL, Michael I. Goldberg, Esq., Philip J. Landau, Esq., Fort Lauderdale, FL, for Defendants.

ORDER DENYING CREDITOR'S MOTION FOR SUMMARY JUDGMENT TO DISMISS COUNT XIX OF THE THIRD AMENDED ADVERSARY COMPLAINT AND GRANTING PLAINTIFF'S CROSS-MOTION FOR PARTIAL SUMMARY JUDGMENT

JOHN K. OLSON, Bankruptcy Judge.

THIS MATTER came before the court for hearing on May 28, 2009, upon Citicorp North America, Inc.'s (the "First Lien Agent"), as Administrative Agent for the First Lien Term Loan, Motion for Summary Judgment Dismissing Count...

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