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IN RE SMURZYNSKI

Bankruptcy Nos. 79 B 41234, 86 A 1054.

72 B.R. 368 (1987)

In re Leonard SMURZYNSKI, Debtor. Leonard SMURZYNSKI, individually and on behalf of a class, Plaintiffs, v. GENERAL FINANCE CORPORATION, Defendant.

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

April 10, 1987.

Attorney(s) appearing for the Case

Aram A. Hartunian and Claire T. Hartfield of Hartunian, Futterman & Howard, Chtd. and Leonard J. Groupe and Bruce Katz of Groupe & Katz, Chicago, Ill., for Leonard Smurzynski.

Lawrence X. Pusateri and Craig A. Varga of Peterson, Ross, Schloerb & Seidel, Chicago, Ill., for General Finance Corp.

MEMORANDUM AND ORDER

JOHN D. SCHWARTZ, Bankruptcy Judge.

This matter is before the Court on the motion of General Finance Corporation ("GFC") to dismiss Leonard Smurzynski's ("Plaintiff's") class action complaint for failure to state a claim upon which relief can be granted, pursuant to Fed.R.Civ.P. 12(b)(6), made applicable to these proceedings by Bankr.R. 7012. GFC has also moved to strike the class allegations. Since a decision on the motion to dismiss...

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