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IN RE TEXAS REDS, INC.

Bankruptcy No. 7-04-15995 JS. Adversary No. 09-1132 J.

438 B.R. 699 (2010)

In re TEXAS REDS, INC., Debtor. Yvette Gonzales, Trustee, Plaintiff, v. Nancigail Miller et al., Defendants.

United States Bankruptcy Court, D. New Mexico.

July 27, 2010.

Attorney(s) appearing for the Case

Christopher M. Gatton, Patricia A. Bradley, George D. Giddens, Jr., Law Office of George Dave Giddens, PC, Albuquerque, NM, for Plaintiff.

Walter L. Reardon, Jr., Albuquerque, NM, for Defendant Walter Reardon.

Shay E. Meagle, Albuquerque, NM, for Defendant Nancigail Miller.

Paul David Mannick, Paul D. Mannick Firm, Santa Fe, NM, for Defendant William Gill.

MEMORANDUM OPINION

ROBERT H. JACOBVITZ, Bankruptcy Judge.

This matter is before the Court on Defendant Walter Reardon's Motion to Dismiss Count 1 ("Motion to Dismiss")(Docket No. 38). Plaintiff, Yvette J. Gonzales, chapter 7 trustee (the "Trustee") filed a First Amended Complaint for Breach of Contract and for Damages Caused by Civil Conspiracy to Defraud the Court and for Recovery of Account Receivable ("Amended Complaint"), which, among other things, joined...

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