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IN RE SOUTHEASTERN MATERIALS, INC.

Bankruptcy No. 09-52606. Adversary No. 10-6059.

452 B.R. 170 (2011)

In re SOUTHEASTERN MATERIALS, INC., Debtor. W. Joseph Burns, Trustee, Plaintiff, v. First Bank, Defendant.

United States Bankruptcy Court, M.D. North Carolina, Winston-Salem Division.

July 2, 2011.

Attorney(s) appearing for the Case

David F. Meschan, Martha R. Sacrinty, Tuggle, Duggins, & Meschan, P.A., Greensboro, NC, for Plaintiff.

Benjamin A. Kahn, Elizabeth Mann Brantley, Nexsen Pruet, PLLC, Greensboro, NC, for Defendant.

MEMORANDUM OPINION

THOMAS W. WALDREP JR., Bankruptcy Judge.

This matter came before the Court on June 6, 2011, upon the Motion to Dismiss (the "Motion") filed by Defendant First Bank on April 8, 2011. The Motion sought to dismiss all counts of the Amended Complaint (the "Complaint"), filed by Plaintiff W. Joseph Burns (the "Trustee") on March 18, 2011. Benjamin A. Kahn and Elizabeth M. Brantley appeared on behalf of First Bank. David F. Meschan and...

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