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IN RE NEW BERN RIVERFRONT DEVELOPMENT, LLC,

Case No. 09-10340-8-JRL, Adversary Proceeding No. 10-00023-8-JRL.

IN RE: NEW BERN RIVERFRONT DEVELOPMENT, LLC, CHAPTER 11, Debtor. NEW BERN RIVERFRONT DEVELOPMENT, LLC, Plaintiff, v. WEAVER COOKE CONSTRUCTION, LLC; TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA; JDAVIS ARCHITECTS, PLLC; FLUHRER REED, PA; and NATIONAL ERECTORS REBAR, INC. f/k/a NATIONAL REINFORCING SYSTEMS INC., Defendants, and WEAVER COOKE CONSTRUCTION, LLC and TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, Defendants, Counterclaimants and Crossclaimants, v. JDAVIS ARCHITECTS, PLLC; FLUHRER REED PA; SKYSAIL OWNERS ASSOCIATION, INC.; WACHOVIA BANK, NATIONAL ASSOCIATION and WELLS FARGO & COMPANY f/d/b/a WACHOVIA CORPORATION, Crossclaim Defendants. and NATIONAL ERECTORS REBAR, INC., Defendant, Counterclaimant, Crossclaimant, and Third-Party Plaintiff, v. ROBERT ARMSTRONG, JR., ROBERT P. ARMSTRONG, JR., INC., SUMMIT DESIGN GROUP, INC., JMW CONCRETE CONTRACTORS, and JOHNSON'S MODERN ELECTRIC COMPANY, INC., Third-Party Defendants. and JDAVIS ARCHITECTS, PLLC, Third-Party Plaintiff, v. MCKIM & CREED, P.A., Third-Party Defendant.

United States Bankruptcy Court, E.D. North Carolina, Raleigh Division.

May 24, 2011.

ORDER

J. RICH LEONARD, Bankruptcy Judge.

This matter came before the court on defendant National Erectors Rebar's motion to dismiss the plaintiff's claim against it. A hearing was held on March 29, 2011, in Raleigh, North Carolina.

The plaintiff, New Bern Riverfront Development, LLC ("NBRD") initiated this adversary proceeding against various defendants including National Erectors Rebar, Inc. ("National Erectors"), JDavis Architects, PLLC, ("JDavis...

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