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VENEZIA v. 12TH & DIV. PROPERTIES, LLC

Civil Action No. 3:09-cv-430.

685 F.Supp.2d 752 (2010)

Shawn VENEZIA, Plaintiff, v. 12th & DIVISION PROPERTIES, LLC; CJUF II Terrazzo LLC; and Bank of America, N.A., Defendants.

United States District Court, M.D. Tennessee, Nashville Division.

February 9, 2010.

Attorney(s) appearing for the Case

Gerald A. Smith, Jr., Smith-Pitts & Associates, Brentwood, TN, for Plaintiff and Counter Defendant.

L. Webb Campbell, II, Michael G. Abelow, Phillip F. Cramer, Sherrard & Roe, Nashville, TN, for Counter Plaintiffs and Defendants.

James Russell Kelley, Neal & Harwell, Nashville, TN, for Defendant.

MEMORANDUM OPINION

THOMAS A. WISEMAN, JR., Senior District Judge.

Before the Court is a Motion to Dismiss the Amended Complaint filed by 12th & Division Properties, LLC and CJUF II Terrazzo LLC (collectively, "Defendants") seeking dismissal of all claims set forth in plaintiff Shawn Venezia's Amended Complaint for failure to state a claim upon which relief can be granted. The motion has been fully briefed and is ripe for resolution.

I...

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