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IN RE FANTASTIK, INC.

BK-LV-82-1564, Adv. No. 84-0023.

49 B.R. 510 (1985)

FANTASTIK, INC., d/b/a Fantastic Furniture Warehouse, Debtor. DOLLAR SAVER STORES, INC., An Oklahoma Corporation, Plaintiff, v. Harry BROWN; Fantastik, Inc., a Nevada Corporation; and Charles L. Ruthe & Associates Inc., Realtor & Associates, a Nevada Corporation, Defendants.

United States Bankruptcy Court, D. Nevada.

May 21, 1985.

Attorney(s) appearing for the Case

Thomas W. Davis, II, Jimmerson & Associates, Las Vegas, Nev., for plaintiff.

William L. McGimsey, Las Vegas, Nev., for Harry Brown and Fantastik, Inc., defendants.

Gary D. Lang, Las Vegas, Nev., for Charles L. Ruthe & Associates, Inc., and Realtor & Associates, defendants.

MEMORANDUM DECISION

ROBERT CLIVE JONES, Chief Judge.

The defendants' oral motion to dismiss, made at the conclusion of the plaintiff's case, requires this Court to determine whether state law or Federal Rule of Civil Procedure 17(b) is applied to determine whether the plaintiff has capacity to sue. The Court must also decide whether that defense may be first raised after the plaintiff's case has been presented at trial.

The plaintiff, an Oklahoma...

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