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IN RE BANKUNITED FINANCIAL CORP.

Bankruptcy No. 09-19940-BKC-LMI. Adversary No. 10-02872-BKC-LMI.

462 B.R. 885 (2011)

In re BANKUNITED FINANCIAL CORPORATION, et al., Debtors. BankUnited Financial Corporation, BankUnited Financial Services, Inc., CRE America Corporation, and BU Realty Corporation, Plaintiffs, v. Federal Deposit Insurance Corporation, in its capacity as Receiver of Bank United, FSB, Defendant.

United States Bankruptcy Court, S.D. Florida.

November 23, 2011.

Attorney(s) appearing for the Case

John R. Dodd, Esq., Mark D. Bloom, Esq., Scott M. Grossman, Esq., Miami, FL, for Plaintiffs.

Bruce J. Berman, Raquel A. Rodriguez, Miami, FL, Geoffrey T. Raicht, New York, NY, for Defendant.

MEMORANDUM OPINION ON ORDER GRANTING SUMMARY JUDGMENT IN FAVOR OF PLAINTIFFS AND DENYING SUMMARY JUDGMENT IN FAVOR OF DEFENDANTS

LAUREL M. ISICOFF, Bankruptcy Judge.

This matter came before me on September 13, 2011 on cross-motions for summary judgment filed by the Plaintiffs, BankUnited Financial Corporation ("BUFC" or "Holding Company"), BankUnited Financial Services, Incorporated ("BUFS"), CRE America Corporation ("CRE") (collectively "BankUnited...

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