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IN RE KIMBALL HILL, INC.

Bankruptcy No. 08 B 10095. Adversary No. 10 A 00824.

449 B.R. 767 (2011)

In re KIMBALL HILL, INC., et al., Debtors. KHI Liquidation Trust, Plaintiff, v. Wisenbaker Builder Services, Inc., and Wisenbaker Builder Services, Ltd., Defendants.

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

June 3, 2011.

Attorney(s) appearing for the Case

Gordon E. Gouveia, Marylynne K. Schwartz, Shaw, Gussis, Fishman, Glantz, et al, Chicago, IL, for Plaintiff.

Edward L. Ripley, Henry J. Kaim, King & Spaulding LLP, Houston, TX, Darren B. Watts, Swanson, Martin & Bell, LLP, Chicago, IL, for Defendants.

MEMORANDUM OPINION

SUSAN PIERSON SONDERBY, Bankruptcy Judge.

This matter comes before the court on the Amended Motion of Wisenbaker Builder Services, Inc. and Wisenbaker Builder Services, Ltd. to Dismiss Amended Adversary Complaint. For the reasons stated herein, the motion will be denied in part and granted in part. The Amended Complaint will not be dismissed for lack of standing. Count I will be dismissed for failure to state a claim. Count II will not...

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