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IN RE DBSI, INC.

Bankruptcy No. 08-12687(PJW). Adversary No. 10-54649(PJW).

463 B.R. 709 (2012)

In re DBSI, INC., et al. Debtors. James R. Zazzali, as Trustee of the DBSI Estate Litigation Trust created by operation of the Second Amended Joint Chapter 11 Plan of Liquidation, Plaintiff, v. Douglas L. Swenson, et al., Defendants.

United States Bankruptcy Court, D. Delaware.

January 27, 2012.

Attorney(s) appearing for the Case

Brian D. Nicholas , Deputy Attorney General, State of Idaho, Boise, ID, for the Movant States.

F. Mark Bromley , Assistant Attorney General, Wisconsin Department of Justice, Madison, WI, for the State of Wisconsin.

Natasha M. Songonuga , Gibbons P.C., Wilmington, DE, Brian J. McMahon , Michael F. Quinn , Gibbons P.C., Newark, NJ, to James R. Zazzali , Trustee for the DBSI Estate Litigation Trust.

MEMORANDUM OPINION

PETER J. WALSH, Bankruptcy Judge.

This opinion is with respect to the motion to dismiss (the "Motion") (Doc. #103) the Third through Sixth Causes of Action in James R. Zazzali's ("Trustee") Second Amended Complaint (the "Complaint") (Doc. #33). The Motion is filed by numerous states named by Trustee in the Complaint (the "Movant States"),1 pursuant to Federal Rule of Civil Procedure 12(b)(6).

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