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Trafalgar Power, Inc. v. U.S. Bank National Association

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK


February 10, 2009

TRAFALGAR POWER, INC., ET AL., PLAINTIFFS,
v.
U.S. BANK NATIONAL ASSOCIATION, DEFENDANT.

The opinion of the court was delivered by: David N. Hurd United States District Judge

ORDER

Pursuant to the oral decision of the Court, entered into the record after hearing oral argument on February 10, 2009, in Utica, New York, it is hereby

ORDERED that 1. Defendants' motion to dismiss pursuant to Fed. R. Civ. P. 12(b)(6) is GRANTED in part and DENIED in part;

2. The Third, Fifth, Sixth, Seventh, and Eighth Causes of Action are DISMISSED;

3. The motion as to the First, Second, and Fourth Causes of Actions is DENIED; and

4. Defendant shall file and serve an Answer to the First, Second, and Fourth Causes of Action on or before February 24, 2009.

IT IS SO ORDERED.

20090210

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