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IN RE TARA RETAIL GROUP, LLC

Case No. 1:17-bk-00057 Adversary Proceeding No. 1:18-ap-00010.

634 B.R. 509 (2021)

IN RE: TARA RETAIL GROUP, LLC, Debtor. U.S. Bank, National Association, as Trustee for the Benefit of the Holders of COMM 2013-CCRE 12 Mortgage Trust Commercial Mortgage Pass-Through Certificates, Plaintiff, v. Tara Retail Group, LLC, Defendant, Cross-Plaintiff and Third-Party Plaintiff, v. COMM 2013 CCRE12 Crossings Mall Road, LLC and Wells Fargo Bank, N.A., Third-Party Defendants.

United States Bankruptcy Court, N.D. West Virginia.

Signed August 10, 2021.

Attorney(s) appearing for the Case

Robert Bastress, III, DiTrapano Barrett & DiPiero, Phillip Rodney Jackson, I, Law Office of P. Rodney Jackson, Sean P. McGinley, Charleston, WV, for Defendant, Cross-Plaintiff and Third-Party Plaintiff Tara Retail Group, LLC.

Paul Chronis, Duane Morris LLP, Elinor H. Murarova, Duane Morris, Chicago, IL, Meagen Eileen Leary, Duane Morris LLP, San Francisco, CA, Allison M. Midei, Duane Morris, LLP, Baltimore, MD, Timothy P. Palmer, Christopher Schueller, Buchanan Ingersoll & Rooney PC, Pittsburgh, PA, for Third-Party Defendants/Plaintiff.

Thomas H. Ewing, Steven L. Thomas, Kay Casto & Chaney PLLC, Charleston, WV, for Counter-Claimant/Defendant Tara Retail Group, LLC.

W. Bradley Sorrells, W. B. Sorrells, L.C., Charleston, WV, for Defendant Tara Retail Group, LLC.

MEMORANDUM OPINION

This matter comes before the Court on the motion of U.S. Bank, N.A., as Trustee for the benefit of the holders of COMM 2013-CCRE12 Commercial Mortgage Pass-Through Certificates ("U.S. Bank"), Wells Fargo Bank, N.A. ("Wells Fargo"), and COMM 2013 CCRE12...

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