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IN RE PERRIN

Bankruptcy No. 79 B 1089.

2 B.R. 316 (1980)

In re Robert L. PERRIN, Bankrupt. Mildred GOLUB, f/k/a Mildred Buchalter, as Executrix of the Estate of Melvin A. Buchalter, Deceased, Plaintiff, v. Robert L. PERRIN, Defendant.

United States Bankruptcy Court, S.D. New York.

January 28, 1980.

Attorney(s) appearing for the Case

Leinwand, Maron, Hendler & Krause, New York City, for defendant.

Solomon B. Terkeltoub, New York City, for plaintiff.

HOWARD SCHWARTZBERG, Bankruptcy Judge.

The bankrupt has moved pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure, as incorporated in Bankruptcy Rule 712(b), to dismiss the plaintiff's complaint in this adversary proceeding on the ground that it fails to state a claim upon which relief can be granted.

The plaintiff is a judgment creditor, the surviving spouse and executrix of the estate of the late Melvin A. Buchalter, who was a partner with...

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