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IN RE AMERICANWEST BANCORPORATION

No. 10-06097-PCW11, Adv. No. 11-80323-PCW.

In re: AMERICANWEST BANCORPORATION, Debtor. CAPPELLO CAPITAL CORP., Plaintiff, v. AMERICANWEST BANK, AND SANDLER O'NEILL & PARTNERS, L.P. and DOES 1-10, inclusive, Defendants. AND RELATED COUNTERCLAIM.

United States Bankruptcy Court, E.D. Washington.

December 2, 2011.

MEMORANDUM DECISION RE: PLAINTIFF'S MOTION FOR REMAND

PATRICIA C. WILLIAMS, Bankruptcy Judge.

BACKGROUND

At its most basic, this controversy results from an agreement among Cappello Capital Corporation1 (referred to as "Cappello") and AmericanWest Bancorporation (referred to in other pleadings as "AWBC" and in this decision as Debtor-in-Possession ("DIP")) and AmericanWest Bank (referred to as...

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