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IN RE VINCI

Bankruptcy Nos. 89 B 20056, 89 B 20057, 89 Adv. 6068.

108 B.R. 439 (1989)

In re Salvatore VINCI and Mahopac Auto Wreckers, Inc. Debtors. Salvatore VINCI and Mahopac Auto Wreckers, Inc., Plaintiffs, v. The TOWN OF CARMEL, Putnam County and William D. Spain, Jr., Defendants.

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

December 19, 1989.

Attorney(s) appearing for the Case

Donald G. Buonomo, Bronx, N.Y., for debtors/plaintiffs.

Joseph D. Cerreto, Carmel, N.Y., for Town of Carmel.

Putnam County Dept. of Law, Carmel, N.Y., for Putnam County and William D. Spain, Jr.

William D. Spain, Jr., Carmel, N.Y., pro se.

DECISION ON DEFENDANTS' MOTION TO DISMISS THE COMPLAINT

HOWARD SCHWARTZBERG, Bankruptcy Judge.

FACTS

The three defendants in this adversary proceeding, The Town of Carmel, Putnam County and the attorney for Putnam County, William D. Spain, Jr., have moved for an order pursuant to FRCP 12(b)(6), as adopted by Bankruptcy Rule 7012(b), dismissing plaintiffs' complaint on the ground that it fails to state a claim upon which relief can be granted. The...

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