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IN RE HERBST

Bankruptcy No. 86-40411, Adv. No. 87-4032.

76 B.R. 882 (1987)

In re Richard T. HERBST, Jr., Debtor. Charles N. TAPPER, Plaintiff, v. Richard T. HERBST, Jr., Richard T. Herbst, Sr., Dixie Anna Herbst, Defendants.

United States Bankruptcy Court, D. Massachusetts.

September 3, 1987.

Attorney(s) appearing for the Case

Howard Gorney, Seder & Chandler, Worcester, Mass., for plaintiff/Charles N. Tapper.

George Desmond, Framingham, Mass., for defendants/Richard T. Herbst, Jr., Richard T. Herbst, Sr., Dixie Anna Herbst.

OPINION

JAMES F. QUEENAN, Jr., Bankruptcy Judge.

The debtor, Richard T. Herbst, Jr. (the "Debtor"), and his co-defendants, Dixie Anna Herbst ("Dixie") and Richard T. Herbst, Sr. ("Herbst"), move under Federal Rule of Civil Procedure 12(b)(6) (as incorporated by Bankruptcy Rule 7012) to dismiss the complaint of Charles N. Tapper ("Tapper") for failure to state a claim upon which relief may be granted. Tapper moves for summary judgment under Fed. R.Civ.Pro...

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