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IN RE SAPPHIRE DEVELOPMENT, LLC

No. 13-50043.

In re: Sapphire Development, LLC, Chapter 11, Debtor.

United States Bankruptcy Court, D. Connecticut, Bridgeport Division.

June 26, 2015.

Attorney(s) appearing for the Case

Randolph E. White, Esq. , David Y. Wolnerman, Esq. , White & Wolnerman, PLLC, New York, NY, for the Debtor.

James R. Fogarty, Esq. , Fogarty Cohen Selby & Nemiroff, LLC, Old Greenwich, CT, for Robert McKay.

David K. Fiveson, Esq. , Butler, Fitzgerald, Fiveson & McCarthy, New York, NY, for Hudson City Savings Bank.

Gary S. Klein, Esq. , Carmody Torrance Sandak & Hennessey LLP, Stamford, CT, for Stuart Longman.

MEMORANDUM OF DECISION AND ORDER ON MOTION TO DISMISS

I. Introduction

In conjunction with the District Court's November 5, 2014 ruling ("District Court Ruling")1 and a corresponding evidentiary hearing on Robert McKay's motion to dismiss this case as a bad-faith...

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