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IN RE CHARYS HOLDING CO., INC.

Bankruptcy No. 08-10289 (BLS). Adversary No. 10-50213 (BLS).

443 B.R. 628 (2010)

In re CHARYS HOLDING COMPANY, INC. and Crochet & Borel Services, Inc., Debtors. Charys Liquidating Trust and C & B Liquidating Trust, Plaintiffs, v. McMahan Securities Co., L.P., Defendant.

United States Bankruptcy Court, D. Delaware.

August 27, 2010.

Attorney(s) appearing for the Case

Frederick B. Rosner, Scott J. Leonhardt, Messana Rosner & Stern LLP, Wilmington, DE, for Defendant McMahan Securities Co., L.P.

Michael G. Busenkell, Womble, Carlyle Sandridge & Rice, PLLC, Wilmington, DE, Philip J. Mohr, Womble, Carlyle Sandridge & Rice, PLLC, Winston-Salem, NC, for Plaintiffs Charys Liquidating Trust and C & B Liquidating Trust.

OPINION1

BRENDAN LINEHAN SHANNON, Bankruptcy Judge.

Before the Court is a motion to dismiss (the "Motion") [Docket No. 6] brought by McMahan Securities Co., L.P. ("McMahan" or "Defendant") seeking dismissal of the First Amended Complaint (the "Complaint") [Docket No. 10] filed by Charys Liquidating Trust and C & B Liquidating Trust (together, the "Trusts" or "Plaintiffs...

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