M & R Inv. Co., Inc. v. Fitzsimmons

ORDER GRANTING MOTIONS FOR INVOLUNTARY DISMISSAL

ROGER D. FOLEY, Chief Judge.

PRELIMINARY STATEMENT

Plaintiff makes two claims for relief against the defendants, former Trustees of the Central States, Southeast and Southwest Areas Pension Fund:

First, in Count I, an equitable claim, seeking as a remedy specific performance of an allegedly breached loan contract made between plaintiff and the Pension Fund to loan plaintiff $40 million to erect a 1,000-room addition and other improvements to the Dunes Hotel in Las Vegas, Nevada;

Second, in Count II, an alternative legal claim, seeking as a remedy…