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IN RE MOTORS LIQUIDATION CO.

Bankruptcy No. 09-50026 (REG). Adversary No. 11-9409 (REG).

462 B.R. 494 (2012)

In re MOTORS LIQUIDATION COMPANY, f/k/a General Motors Corp., et al., Debtors. John Morgenstein, Michael Jacob, as Executor of the Estate of Doris Jacob, and Alante Carpenter individually and on behalf of all others similarly situated, Plaintiffs, v. Motors Liquidation Company, f/k/a General Motors Corp., et al., Defendants.

United States Bankruptcy Court, S.D. New York.

January 18, 2012.

Attorney(s) appearing for the Case

Law Offices of Mark Schlachet, By: Mark Schlachet, Esq. (argued), Beachwood, OH, Climaco, Wilcox, Peca, Tarantino & Garofoli, Co., By: John R. Climaco, Esq., John A. Peca, Esq., Patrick G. Warner, Esq., Cleveland, OH, Neblett, Beard & Arsenault, By: Richard J. Arsenault, Esq., Srivatsa V. Gupta, Esq., Alexandria, LA, Siprut PC, By: Joseph J. Siprut, Esq., Wolf Haldenstein Adler Freeman & Herz LLC, By: Edmund Aronowitz, Esq., Adam J. Levitt, Esq., Chicago, IL, for Plaintiffs.

Weil Gotshal & Manges, LLP, By: Joseph H. Smolinsky, Esq., Angela C. Zambrano, Esq., (argued), New York, NY, for Defendants.

DECISION AND ORDER ON MOTION TO DISMISS

ROBERT E. GERBER, Bankruptcy Judge.

In the chapter 11 case of reorganized Debtor Motors Liquidation Company, (formerly known as General Motors Corp.) ("Old GM") and its affiliates (collectively, the "Debtors"), John Morgenstein, Michael Jacob and Alante Carpenter (the "Morgenstein Plaintiffs"), on their own behalf and on behalf of a class they would like to represent, seek—...

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