IN RE WESTERHOFF

Bankruptcy No. 3-80-01639, Adv. No. 81-0085.

14 B.R. 472 (1981)

In re William A. WESTERHOFF and Barbara A. Westerhoff, Debtors. William A. WESTERHOFF and Barbara A. Westerhoff, Plaintiffs, v. Richard L. SLIND and Mary M. Slind, Defendants.

United States Bankruptcy Court, D. Minnesota, Third Division.

October 6, 1981.


Attorney(s) appearing for the Case

James A. Wellner and Barry W. McKee of Crawford & Anderson, West St. Paul, Minn., for plaintiffs.

Michael D. Schwartz of Larkin, Hoffman, Daly & Lindgren, Bloomington, Minn., for defendants.


JACOB DIM, Bankruptcy Judge.

A motion to dismiss was filed by the defendants just prior to trial. The defendants assert that the complaint which seeks contribution from the defendants fails to state a claim for which relief can be granted.

The motion of the defendants would be untimely in normal circumstances. Rule 12(c) requires that such a motion be made "within such time as not to delay the trial". The court entertains this motion only because the issue...

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