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IN RE SPORTSMAN'S WAREHOUSE, INC.

Bankruptcy No. 09-10990 (CSS). Adversary Nos. 10-50818 (CSS), 10-52913 (CSS).

457 B.R. 372 (2011)

In re SPORTSMAN'S WAREHOUSE, INC., et al., Reorganized Debtors. Sportsman's Warehouse, Inc., Plaintiff, v. McGillis/Eckman Investments-Billings, LLC, Defendant. McGillis/Eckman Investments-Billings, LLC, Plaintiff, v. Sportsman's Warehouse, Inc., Defendant.

United States Bankruptcy Court, D. Delaware.

September 16, 2011.

Attorney(s) appearing for the Case

Richards Layton & Finger, P.A., Russell C. Silberglied, Katisha D. Fortune, Julie A. Finocchiaro, Wilmington, DE, O'Melveny & Myers LLP, Stephen H. Warren, Matthew W. Close, Los Angeles, CA, for Sportman's Warehouse, Inc.

Morris, Nichols, Arsht & Tunnell LLP, Gregory W. Werkheiser, Wilmington, DE, and Blackburn & Stoll, LC, Bryce D. Panzer, Salt Lake City, UT, for McGillis/Eckman Investments-Billings, LLC.

OPINION1

CHRISTOPHER S. SONTCHI, Bankruptcy Judge.

INTRODUCTION

Before the Court is a motion filed by defendant McGillis/Eckman Investments-Billings, LLC ("McGillis") to dismiss the adversary proceeding (the "SWI Adversary") filed by plaintiff Sportsman's Warehouse, Inc. ("SWI"). McGillis asserts that the Court lacks subject matter jurisdiction over two of the six counts in the complaint ("SWI Complaint...

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