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Published on 9/7/2004 in the Prospect News Distressed Debt Daily and Prospect News High Yield Daily.

Equus Gaming loses bid to dismiss Wells Fargo suit over first mortgage notes

By Jeff Pines

Washington, Sept. 7 - Equus Gaming Co. LP, which owns El Comandante Capital Corp. and Housing Development Associates, said El Comandante lost a bid to have a Wells Fargo lawsuit against it over the company's 11¾% first mortgage bonds dismissed.

The U.S. District Court for the Federal District of Puerto Rico made the ruling on Aug. 25.

El Comandante issued $68 million of the first mortgage notes, and Wells Fargo is the successor trustee. Wells Fargo has filed an action for collection and foreclosure.

The court also ordered the Puerto Rico-based company to respond to Wells Fargo's request for a decision in favor of the trustee.


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