IN RE AMERICA CAPITAL CORPORATION

Case No. 06-12645-AJC, Adv. Pro. No. 07-01587-AJC.

In re: AMERICA CAPITAL CORPORATION, Chapter 11, Debtor. AMERICA CAPITAL CORPORATION, Plaintiff, v. ROBERT MARLIN, ROBYN MARLIN, T.C. INVESTORS, INC., et al., Defendants. T.C. INVESTORS, INC., Counter-Plaintiff, v. AMERICA CAPITAL CORPORATION, Counter-Defendants. ROBERT MARLIN, and T.C. INVESTORS, INC., Third Party Plaintiffs, v. JACK BURSTEIN and STEVEN COOK, Third Party Defendants.

United States Bankruptcy Court, S.D. Florida.

May 3, 2011.


Attorney(s) appearing for the Case

Marc Gottlieb, Esq. , Joan Levit, Esq. , Tamara J. Savin, Esq. , AKERMAN SENTERFITT , Las Olas Centre II, Fort Lauderdale, Florida, Attorney Levit is directed to serve copies of this order on all interested parties listed and file a certificate of service.


MEMORANDUM DECISION AND ORDER DENYING MOTION TO DISMISS THIRD PARTY COMPLAINT

A. JAY CRISTOL, Bankruptcy Judge.

THIS CAUSE came before the Court on March 22, 2011, at the hearing on the Motion to Dismiss Third Party Complaint with Prejudice (the "Motion") [D.E. 70] filed by Non-debtors, Jack D. Burstein ("Burstein") and Steven R. Cook ("Cook"). The Court has carefully considered the Motion and the Response in Opposition...

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