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IN RE HRT INDUSTRIES, INC.

Bankruptcy No. 82 B 12263, Adv. Nos. 83-5097A, 83-5079A.

29 B.R. 861 (1983)

In re HRT INDUSTRIES, INC., also d/b/a Zodys; Zodys Discount Department Stores: and Zodees, formerly known as Hartfield-Zodys, Inc. and formerly d/b/a Hartfields, Debtor. CROWN QUILT CORP., Plaintiff, v. HRT INDUSTRIES, INC., Defendant. MR. TRIO, INC., Plaintiff, v. HRT INDUSTRIES, INC., Defendant.

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

April 28, 1983.

Attorney(s) appearing for the Case

Gendel, Raskoff, Shapiro & Quittner, Los Angeles, Cal., Weil, Gotshal & Manges, New York City, for HRT Industries, Inc., as debtor in possession.

Ruben, Schwartz, Meyer & Schnall, New York City, for plaintiffs, Mr. Trio, Inc. and Crown Quilt Corp.

MEMORANDUM OPINION AND ORDER ON MOTION TO DISMISS COMPLAINTS

BURTON R. LIFLAND, Bankruptcy Judge.

HRT Industries, Inc. ("HRT"), a Chapter 11 debtor, has moved to dismiss the complaints of the plaintiffs, Mr. Trio, Inc. ("Mr. Trio") and Crown Quilt Corp. ("Crown Quilt"), pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure, as applied in bankruptcy proceedings by Bankruptcy Rule 712(b), on the ground...

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