IN RE AUTO-PAK, INC.

Bankruptcy No. 84-00170, Adv. Nos. 84-0197, A85-0029.

55 B.R. 407 (1985)

In re AUTO-PAK, INC. Debtor. Bryan S. ROSS, Trustee, and Auto-Pak, Inc., Plaintiffs, v. GENERAL PLASTIC AND CHEMICAL CORP., Defendant/Counterclaimant, v. Richard DeFRANCO and Kathy DeFranco, Additional Defendants on Counterclaim.

United States Bankruptcy Court, District of Columbia.

November 26, 1985.


Attorney(s) appearing for the Case

Bryan S. Ross, trustee, Washington, D.C., pro se.

William A. Grant, Washington, D.C., for defendant General Plastic & Chemical Corp.

Bernard Lipton, Silver Spring, Md., for Auto-Pak, Inc., and DeFrancos.


OPINION AND ORDER

GEORGE FRANCIS BASON, Jr., Bankruptcy Judge.

Before the Court is a motion to dismiss the third-party complaint filed by third-party defendant Kathy DeFranco, based on the fact that the claim asserted in the third-party complaint is not grounded either in whole or in part on "the plaintiff's claim against [the third-party plaintiff]"1 but instead is, now,2 based solely on written...

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