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IN RE KELPE

Bankruptcy No. 88-03527-C, Adv. No. 88-0764-C.

98 B.R. 479 (1989)

In re Sandra Lee KELPE, Debtor. LaRuth H. FEIG, Individually and as Personal Representative of the Estate of Clarence A. Heidt, Deceased, Plaintiff, v. Sandra Lee KELPE, Defendant.

United States Bankruptcy Court, W.D. Missouri, C.D.

April 4, 1989.

Attorney(s) appearing for the Case

William E. Barvick, Jefferson City, Mo., for defendant.

Christy Barton, Jefferson City, Mo., for plaintiff.

Jack E. Brown, Columbia, Mo., trustee.

MEMORANDUM OPINION

FRANK W. KOGER, Bankruptcy Judge.

QUESTIONS PRESENTED

Under what circumstances may a court deny a moving party's motion to dismiss for failure to state a claim upon which relief can be granted, under Rule 12(b)(6) Federal Rules of Civil Procedure?

BRIEF ANSWER

Generally, the court will view the complaint in a light most favorable to the non-moving party. Only in rare circumstances will the court grant a motion...

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