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MATTER OF FOREMAN INDUSTRIES, INCORPORATED

Bankruptcy No. 3-81-03005, Adv. No. 3-83-0647.

40 B.R. 478 (1984)

In the Matter of FOREMAN INDUSTRIES, INCORPORATED, Debtor(s). FOREMAN INDUSTRIES, INCORPORATED, Plaintiff(s), v. The BODE-FINN COMPANY, Defendant(s).

United States Bankruptcy Court, S.D. Ohio, W.D.

June 21, 1984.

Attorney(s) appearing for the Case

Robert G. Leland, Pickrel, Schaeffer & Ebelin, Dayton, Ohio, for defendant, The Bode-Finn Co.

Thomas R. Noland, Altick & Corwin, Dayton, Ohio, for plaintiff, Foreman Industries, Inc.

DECISION

ELLIS W. KERR, Bankruptcy Judge.

Plaintiff on November 10, 1983 filed "Memorandum in Opposition of Motion to Dismiss". In the first paragraph it is stated that at the Court Ordered Conference the Defendant raised the issue of whether this Court lacks subject matter jurisdiction and as such, such action was deemed to be a Motion to Dismiss. (This Judge was not present at that conference which had been set for Hearing with the Law Clerk to get settled...

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