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IN RE HOLLIS AND CO.

Bankruptcy No. LR 85-1100 S, Adv. No. 87-523.

86 B.R. 152 (1988)

In re HOLLIS AND COMPANY. Charles Darwin DAVIDSON, Trustee, Plaintiff, v. BANK OF NEW ENGLAND, N.A., Defendant.

United States Bankruptcy Court, E.D. Arkansas, Little Rock Division.

April 25, 1988.

Attorney(s) appearing for the Case

Garland Binns, Little Rock, Ark., for Bank of New England.

Charles Davidson, Little Rock, Ark., Trustee.

AMENDED AND SUBSTITUTED ORDER AND MEMORANDUM OPINION

MARY D. SCOTT, Bankruptcy Judge.

Now before the Court is a Motion to Dismiss the Trustee's Complaint filed by the Bank of New England, N.A. (BNE). BNE contends that Trustee's Complaint should be dismissed pursuant to Rules 4, 12(b)(2) and 12(b)(5) of the Federal Rules of Civil Procedure and Bankruptcy Rule 7012(b), for failure to obtain service of Complaint upon the proper party within the 120 day time...

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