Opinion
Civil Action No. 11-cv-02476-RPM
12-09-2011
BANNOCK STREET CENTER LIMITED PARTNERSHIP, Plaintiff, v. 40/86 MORTGAGE CAPITAL, INC., Defendant.
Senior District Judge Richard P. Matsch
ORDER DENYING MOTION TO DISMISS
The plaintiff Bannock Street Center Limited Partnership claims a breach of a mortgage loan application/commitment, attached to the complaint as Exhibit A, by anticipatory repudiation evidenced by the tender of loan documents that contain terms inconsistent with the terms of the commitment and seeks return of $243,000.00 paid as a commitment fee. The defendant filed a motion to dismiss under Fed.R.Civ.P. 12(b)(6). The plaintiff filed its response and the defendant filed a reply. Because the complaint sufficiently alleges facts supporting the claim, it is
ORDERED that the motion to dismiss is denied.
BY THE COURT:
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Richard P. Matsch, Senior Judge