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SIGNED this 30th day of August, 2006.

________________________________________ LEIF M. CLARK UNITED STATES BANKRUPTCY JUDGE

____________________________________________________________

United States Bankruptcy Court

Western District of Texas San Antonio Division

IN RE

BANKR. CASE NO.

SCHLOTZSKYS, INC., ET AL.,

04-54504-C

DEBTOR

CHAPTER 11

THE OFFICIAL COMMITTEE OF UNSECURED CREDITORS OF SCHLOTZSKYS, INC.

PLAINTIFF

V.

ADV. NO. 05-5109

GRANT THORNTON, L.L.P.

DEFENDANT

DECISION ON DEFENDANTS MOTION TO ABSTAIN AND MOTION TO DISMISS

Before the court is defendant’s motion to abstain or in the alternative to dismiss for

failure to state a claim pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure and

Rule 7012 of the Federal Rules of Bankruptcy Procedure. For the reasons stated, the defendant’s

motion to abstain is denied. The defendant’s motion to dismiss for failure to state a claim is

granted in part and denied in part.

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