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IN RE DABOUL

Bankruptcy No. 87-40004-JFQ, Adv. No. 87-4033.

82 B.R. 657 (1987)

In re Herbert DABOUL, Debtor. Linda Rivkin KLEINER, Plaintiff, v. Herbert DABOUL, Defendant.

United States Bankruptcy Court, D. Mass.

September 3, 1987.

Attorney(s) appearing for the Case

Leon Aronson, Aronson & Goldstein, Quincy, Mass., for Linda Rivkin Kleiner.

Irving Widett, Boston, Mass., for Herbert Daboul.

MEMORANDUM

JAMES F. QUEENAN, Jr., Bankruptcy Judge.

The debtor, Herbert Daboul (the "Debtor"), moves to dismiss the complaint in these proceedings under Bankruptcy Rule 7012(b) and Federal Rule of Civil Procedure 12(b)(5) & (6), alleging insufficient service of process and failure to state a claim upon which relief may be granted. For the reasons set forth herein, we quash the service, but decline to dismiss the complaint.

I. FACTS

Linda...

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