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IN RE AMERICAN CONSOL. TRANSP. COMPANIES, INC.

Bankruptcy No. 09-26062. Adversary No. 10-00154.

433 B.R. 242 (2010)

In re AMERICAN CONSOLIDATED TRANSPORTATION COMPANIES, INC., et al., Debtors. American Consolidated Transportation Companies, Inc., et al., Plaintiffs, v. RBS Citizens N.A., et al., Defendants.

United States Bankruptcy Court, N.D. Illinois, Eastern Division.

July 13, 2010.

Attorney(s) appearing for the Case

Sarah E. Lorber, The Law Office of William J. Factor, Chicago, IL, William J. Factor, The Law Office of William J. Factor, Ltd., Northbrook, IL, for Debtors.

Thomas M. Lombardo, Ricmer & Braunstein, LLP, Chicago, IL, Jeffrey D. Ganz, Riemer & Braunstein, LLP, Boston, MA, for RBS Citizens, N.A.

MEMORANDUM OPINION ON MOTION OF RBS CITIZENS N.A. TO DISMISS COUNTS I THROUGH VI AND VIII

JACK B. SCHMETTERER, Bankruptcy Judge.

This Adversary proceeding relates to the Chapter 11 case filings by American Consolidated Transportation Companies and its related companies (collectively, "American").1 The Complaint attacks the claim filed by American's principal secured lender, defendant RBS Citizens N.A., d/b/a Charter One (the...

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