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IN RE DAYTON SUPERIOR CORPORATION REORGANIZED DEBTOR

Case No. 09-11351 (BLS) (Jointly Administered), Adv. No. 12-50950, Related to Adv. Docket Nos. 9, 20, 23, 24 & 25.

In re: Dayton Superior Corporation Reorganized Debtor, Chapter 11. J & K Adrian Bakery, LLC, Plaintiff, v. Dayton Superior Corporation, Defendant.

United States Bankruptcy Court, D. Delaware.

January 15, 2013.

Attorney(s) appearing for the Case

RICHARDS, LAYTON & FINGER, P.A. Russell C. Silberglied , Andrew C. Irgens , Wilmington, DE. -and- THOMPSON HINE LLP Christine M. Haaker , Jessica E. Salisbury , Dayton, Ohio. Counsel for the Reorganized Debtor.

MORRIS JAMES LLP Carl N. Kunz, III , Wilmington, DE, Counsel for J&K Adrian Bakery LLC.

OPINION1

BRENDAN LINEHAN SHANNON, Bankruptcy Judge.

Before the Court is a motion to dismiss or, in the alternative, transfer (the "Motion") [Adv. Docket No. 9] filed by Dayton Superior Corporation (the "Defendant" or "Reorganized Debtor"). J & K Adrian Bakery, L.L.C. (the "Plaintiff") filed a Complaint [Adv. Docket No. 3] in the United States District Court for the Northern District of Alabama (the "Alabama District...

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