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HILLEBRAND v. SAV-CO

Civ. No. 72-75.

353 F.Supp. 19 (1972)

Robert J. HILLEBRAND, as Trustee in Bankruptcy of Automotive Warehouses, Inc., a corporation, Plaintiff, v. SAV-CO, an Illinois corporation, et al., Defendants.

United States District Court, E. D. Illinois.

October 20, 1972.

Attorney(s) appearing for the Case

Joel A. Kunin, Cohn, Carr, Korein, Kunin, & Brennan, East St. Louis, Ill., for plaintiff.

Sam S. Pessin, Belleville, Ill., for defendants.

MEMORANDUM AND ORDER

FOREMAN, District Judge.

By this action Plaintiff, the Bankruptcy Trustee of Automotive Warehouses, Inc. ("Bankrupt"), seeks to set aside and recover from the Defendants certain alleged voidable transfers, under § 60 of the Bankruptcy Act, 11 U.S.C. § 96. Before the Court is Defendants' motion to dismiss the complaint for its failure to state a cause of action.

On a motion to dismiss under Rule 12, all facts well-pleaded...

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