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IN RE McCORHILL PUB., INC.

Bankruptcy Nos. 87 B 20104, 87 B 20122, No. 88 ADV. 6061.

89 B.R. 393 (1988)

In re McCORHILL PUBLISHING, INC., Debtor. In re NEW CASTLE ASSOCIATES, Debtor. KRAUS-THOMSON ORGANIZATION, LIMITED, Plaintiff, v. McCORHILL PUBLISHING, INC., Debtor, Harvey S. Barr, as Trustee for McCorhill Publishing, Inc., and New Castle Associates, Debtor, Defendants.

United States Bankruptcy Court, S.D. New York.

August 25, 1988.

Attorney(s) appearing for the Case

Hahn & Hessen, New York City, for Kraus-Thomson.

Barr and Faerber, Spring Valley, N.Y., for Trustee.

McCarthy, Fingar, Donovan, Drazen & Smith, White Plains, N.Y., for McCorhill Publishing, Inc.; William F. Macreery, of counsel.

DECISION ON MOTION FOR AN ORDER DISMISSING ANSWER OF McCORHILL PUBLISHING, INC.

HOWARD SCHWARTZBERG, Bankruptcy Judge.

Kraus-Thomson Organization, Ltd. ("KTO"), a creditor holding a disputed secured claim against the Chapter 11 debtor, McCorhill Publishing, Inc. ("McCorhill"), has moved pursuant to Bankruptcy Rule 7012(b) and Fed.R.Civ.P. 12(b)(6) for an order dismissing the answer containing defenses and counterclaims filed by McCorhill for failing to state...

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