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IN RE DUKE AND KING ACQUISITION CORP.

Bankruptcy Nos. 10-38652, 10-38653 (GFK), 10-38654(GFK), 10-38655(GFK), 10-38656(GFK). Adversary No. 12-3319.

508 B.R. 107 (2014)

In re DUKE AND KING ACQUISITION CORP., Debtors. Includes: Duke and King Missouri, LLC; Duke and King Missouri Holdings, Inc.; Duke and King Real Estate, LLC; DK Florida Holdings, Inc. William Kaye, not individually but solely in his capacity as Liquidating Trustee of the Duke & King Acquisition Corp. Liquidating Trust, Plaintiff, v. Nath Companies, Inc., Nath Minnesota Franchise Group, Inc., Nath Illinois Franchise Group, Inc., Nath Florida Franchise Group, Inc., Nath Miami Franchise Group, Inc., Nath Minnesota Operating Group, LLC, Nath Illinois Operating Group, LLC, Kinderhook Industries, LLC, Kinderhook Capital SBIC Fund I, LP, Kinderhook Capital Fund I, LP, Robert Michalik, Louis Aurelio, Christian Michalik, Paul G. Cifelli, and Rodger Head, Defendants.

United States Bankruptcy Court, D. Minnesota.

Filed March 31, 2014.

Attorney(s) appearing for the Case

Aaron L. Hammer , Sugar Felsenthal Grais & Hammer LLP, Chicago, IL, Amy J. Swedberg , Maslon Edelman et al., LLP, Minneapolis, MN, for Plaintiff.

Lara O. Glaesman , Jennifer L. Olson , Bryant D. Tchida , Leonard Street and Deinard, Adine S. Momoh , Stinson Leonard Street, LLP, S. Steven Prince , Grell & Feist LLC, Minneapolis, MN, for Defendants.

ORDER RE: MOTIONS FOR DISMISSAL

GREGORY F. KISHEL, Chief Judge.

This adversary proceeding came before the court on separate motions for dismissal brought by two groups of defendants. The group of defendant-movants headed by Nath Companies, Inc.1 appeared by their attorneys, Lara O. Glaesman and Jennifer L. Olson. The group headed by Kinderhook Industries, LLC2

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