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IN RE NATIONAL JOCKEY CLUB

Bankruptcy No. 06 B 13247. Adversary No. 10 A 00302.

451 B.R. 825 (2011)

In re NATIONAL JOCKEY CLUB, Debtor, DII Northwest LLC (in the name of National Jockey Club), Plaintiff, v. Thomas Carey, III, Defendant.

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

March 3, 2011.

Attorney(s) appearing for the Case

Chad H. Gettleman, Henry B. Merens, Howard L. Adelman, Nathan Q. Rugg, Adelman & Gettleman, Chicago, IL, for Debtor.

MEMORANDUM OPINION

PAMELA S. HOLLIS, Bankruptcy Judge.

This matter comes before the court on a Motion to Dismiss filed by Thomas Carey, III ("Defendant"). Count I asserts a claim for turnover of property of the estate. Count II asserts a claim under Illinois state law for breach of fiduciary duty. After consideration of the pleadings and for the reasons stated below, Defendant's Motion to Dismiss is granted on Counts I and II.

JURISDICTION AND PROCEDURE...

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