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IN RE FORTY-EIGHT INSULATIONS, INC.

Bankruptcy No. 85 B 506, Adv. 85 A 672.

54 B.R. 905 (1985)

In re FORTY-EIGHT INSULATIONS, INC., Debtor. FORTY-EIGHT INSULATIONS, INC., Plaintiff, v. Donald LIPKE, Raymond Martin, John Barry and Burke & Burke, Ltd., Defendants.

United States Bankruptcy Court, N.D. Illinois, E.D.

November 20, 1985.

Attorney(s) appearing for the Case

Allan G. Sweig, Nachman, Munitz & Sweig, Chicago, Ill., for Plaintiff.

John M. Burke, Burke & Burke, Ltd., Chicago, Ill., for defendants.

MEMORANDUM OPINION AND ORDER

ROBERT L. EISEN, Chief Judge.

This matter was heard on the defendants' motion to dismiss the adversary complaint for failure to state a cause of action. The motion is brought in accordance with Fed.R.Civ.P. 12(b)(6) made applicable to this adversary proceeding by Bankruptcy Rule 7012(b). Since this Court has considered matters outside pleadings, the Court treats this motion as one for summary judgment in accordance with Fed.R...

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