United States Bankruptcy Court, E.D. Tennessee February 11, 2009, Bankruptcy No. 07-32016. Adversary No. 08-3070 (Webb Mtn, LLC v. Executive Realty Partnership (In Re Webb Mtn, LLC))

MEMORANDUM ON MOTION TO DISMISS ADVERSARY PROCEEDING, MOTION OF WEBB MTN, LLC FOR SUMMARY JUDGMENT, DEFENDANTS’ CROSS MOTION FOR SUMMARY JUDGMENT, AND MOTION TO STRIKE PORTIONS OF AFFIDAVIT OF KENNETH WHALEY

RICHARD STAIR, JR., Bankruptcy Judge.