IN RE B&K COASTAL, LLC

Case No. 11-08609-8-JRL, Adversary Proceeding No. 12-00287-8-JRL.

IN RE: B&K COASTAL, LLC, Chapter 11, DEBTOR. B&K COASTAL, LLC, Plaintiff, v. PROMENADE AT SURF CITY, LLC, Defendant.

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

May 9, 2013.


ORDER

J. RICH LEONARD, Bankruptcy Judge.

This matter came before the court on the motion to dismiss filed by Promenade at Surf City, LLC ("defendant") for failure to state a claim upon which relief may be granted, which B&K Coastal, LLC d/b/a Cape Fear Paving ("plaintiff") has opposed. At the conclusion of the hearing held on April 10, 2013 in Raleigh, North Carolina, the court took the matter under advisement.

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