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IN RE OLD CARCO LLC

Case No. 09-50002 (SMB) (Jointly Administered) Adv. Proc. No. 13-01109 (SMB)

492 B.R. 392 (2013)

IN RE: OLD CARCO LLC, et al., Debtors. Autumn Burton, et al., Plaintiffs, v. Chrysler Group, LLC, Defendant.

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

June 26, 2013.

Attorney(s) appearing for the Case

Schnader Harrison Segal & Lewis LLP, Attorneys for Plaintiffs, 140 Broadway, Suite 3100, New York, N.Y. 10005-1101, Kenneth R. Puhala, Esq., Barry E. Bressler, Esq., Richard A. Barkasy, Esq., Eric A. Boden, Esq., Of Counsel,

Sullivan & Cromwell LLP, Attorneys for Defendants, 125 Broad Street, New York, New York 10004, Steven L. Holley, Esq., Benjamin R. Walker, Esq., Of Counsel.

Chapter 11

MEMORANDUM DECISION AND ORDER GRANTING IN PART AND DENYING IN PART MOTION TO DISMISS THE SECOND AMENDED COMPLAINT

STUART M. BERNSTEIN, United States Bankruptcy Judge:

The plaintiffs own vehicles that were manufactured and sold by the debtors, Old Carco LLC and twenty four of its affiliates ("Old Carco" or the "Debtors"). They allege that their vehicles suffer from a design flaw known as "fuel spit back." They commenced this class action...

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