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IN RE FIDELITY ELEC. CO., INC.

Bankruptcy No. 81-03747 T, Adv. No. 82-1831.

43 B.R. 385 (1984)

In re FIDELITY ELECTRIC COMPANY, INC., Debtor. FIDELITY ELECTRIC COMPANY, INC., Plaintiff, v. WEMMCO, INC., Defendant.

United States Bankruptcy Court, E.D. Pennsylvania.

October 16, 1984.

Attorney(s) appearing for the Case

Joseph H. Weiss, Philadelphia, Pa., for plaintiff.

John J. Gajdel, Des Moines, Iowa, for defendant.

MEMORANDUM OPINION

THOMAS M. TWARDOWSKI, Bankruptcy Judge.

In this adversary proceeding, the defendant has filed, pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure, as incorporated by Rule 7012 of the Rules of Bankruptcy Procedure, a motion to dismiss the Chapter 11 debtor/plaintiff's complaint for failure to state a claim upon which relief can be granted. For the following reasons, we shall deny...

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