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IN RE LEWIS CARPET MILLS, INC.

Bankruptcy No. 81-00040R, Adv. No. 81-0086R.

15 B.R. 172 (1981)

In re LEWIS CARPET MILLS, INC., Debtor, JOHN P. MAGUIRE & CO., INC., Plaintiff, v. DAVID ROSENTHAL ASSOCIATES, INC., Defendant.

United States Bankruptcy Court, N.D. Georgia, Rome Division.

November 5, 1981.

Attorney(s) appearing for the Case

Ezra H. Cohen, Atlanta, Ga., for plaintiff.

Howard W. Jones, Calhoun, Ga., for defendant.

ORDER

HUGH ROBINSON, Jr., Bankruptcy Judge.

This is before us on Defendant David Rosenthal Associates, Inc.'s Motion to Dismiss Plaintiff's complaint.

John P. Maguire & Co., Inc. ("Maguire") entered into a factoring agreement with Lewis Carpet Mills, Inc., ("Lewis") by which it bought all of Lewis' accounts receivable and took a security interest in all future accounts receivable as well as in the proceeds thereof, the merchandise represented...

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