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IN RE FIRST REPUBLIC GROUP REALTY, LLC

Bankruptcy No. 09-13983 (MG). Adversary No. 09-01516 (MG).

421 B.R. 659 (2009)

In re FIRST REPUBLIC GROUP REALTY, LLC, Debtor. Amusement Industry, Inc. and Practical Finance Co., Plaintiffs, v. Citigroup Global Markets Realty Corp. and First Republic Group Realty, LLC, Defendants.

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

December 15, 2009.

Attorney(s) appearing for the Case

Silverman Acampora, LLP, by: Jay S. Hellman, Esq., by: Lon J. Seidman, Esq., Jericho, NY, Attorneys for the Debtor First Republic Group Realty, LLC.

Kramer Levin Naftalis & Frankel, LLP, by: Ronald S. Greenberg, Esq., New York, NY, Attorneys for Citigroup Global Markets Realty Corp.

Arent Fox LLP, by: Robert M. Hirsch, Esq., by: Eugene R. Scheiman, Esq., by: Mark A. Bloom, Esq., by: Caroline Turner English, Esq., New York, NY, Attorneys for Amusement Industry, Inc. and Practical Finance Co.

Robinson Brog Leinwand Green Genoveses & Gluck, P.C., by: Robert R. Leinwand, Esq., New York, NY, Attorneys for the Official Committee of Unsecured Creditors.

Heller Horowitz & Feit, P.C., by: Eli Feit, Esq., New York, NY, Attorneys for Mark Stern.

MEMORANDUM OPINION AND ORDER DENYING MOTION FOR PRELIMINARY INJUNCTION

MARTIN GLENN, Bankruptcy Judge.

On June 22, 2009, First Republic Group Realty LLC (the "Debtor") filed a voluntary petition for relief under chapter 11 of the Bankruptcy Code. No trustee or examiner has been appointed and the Debtor continues to operate as a debtor-in-possession pursuant to Sections 1107 and 1108 of the Bankruptcy Code.

Plaintiffs Amusement Industry, Inc. ("Amusement...

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