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Re: None

Monday, 01/10/2011 9:16:31 PM

Monday, January 10, 2011 9:16:31 PM

Post# of 735055
TPS/Exchange Event occurred: did anyone see that ?
http://www.kccllc.net/documents/0812229/0812229110110000000000008.pdf

Referring to the TPS:

As stated above, the Court finds that the Conditional Exchange occurred on September 26, 2008. This was a legal determination based on the interpretation of contract language and application of legal principles.6 The Court is not granting any equitable relief. Therefore, the Plaintiffs’ equitable defenses are inapplicable. See, e.g., Gen. Dev. Corp. v. Binstein, 743 F. Supp. 1115, 1133-34 (D.N.J. 1990) (finding that equitable defenses, such as unclean hands, are generally not applicable to bar claims seeking legal remedies). The Court concludes that judgment must be entered in favor of the Defendants on Counts V and VI of the Complaint.


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