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MATTER OF DeLOREAN MOTOR CO.

Bankruptcy No. 82-06031-G, Adv. No. 84-1032.

56 B.R. 936 (1986)

In the Matter of DeLOREAN MOTOR COMPANY, a Michigan corporation, Debtor. David W. ALLARD, Jr., Trustee in Bankruptcy, Plaintiff, v. Edward L. SMITH, et al., Defendant, Third-party Plaintiff, v. ARTHUR ANDERSEN & CO. (U.S.A.) Arthur Andersen & Co. (Republic of Ireland) and Arthur Andersen & Co. (United Kingdom), Third-party Defendants.

United States Bankruptcy Court, E.D. Michigan, S.D.

January 22, 1986.

Attorney(s) appearing for the Case

Irwin Alterman, Richard Bisio, Hyman, Gurwin, Nachman, Friedman & Winkelman, Southfield, Mich., for third-party plaintiff Henry Bushkin.

Joseph F. Galvin, Schlussel, Lifton, Simon, Rands, Kaufman, Galvin & Jackier, Southfield, Mich., for third-party plaintiff Edward L. Smith.

James D. Zirin, James J. Sabella, New York City, for third-party defendant Arthur Andersen & Co.; Richard J. Schechter, Breed, Abbott & Morgan, of counsel.

ORDER DENYING MOTIONS TO DISMISS THIRD PARTY COMPLAINTS AGAINST ARTHUR ANDERSEN & CO.

RAY REYNOLDS GRAVES, Bankruptcy Judge.

The Court is presented with two motions filed by Arthur Andersen & Co. (Andersen) pursuant to Federal Rule of Civil Procedure 12(b)(6) to dismiss third-party complaints filed by Edward L. Smith and Henry I. Bushkin. Andersen contends, inter alia, that the complaints fail to allege and establish that the third-party plaintiffs...

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