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IN RE MERCURY MASONRY CORP.

Bankruptcy No. 87 B 20425-26, No. 90 ADV 6024.

114 B.R. 35 (1990)

In re MERCURY MASONRY CORPORATION and Lasala Enterprises, Inc., Debtors. MERCURY MASONRY CORPORATION, Plaintiff, v. TERMINAL CONSTRUCTION CORPORATION, Defendant.

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

As Amended May 10, 1990.

Attorney(s) appearing for the Case

Glenn E. Siegel, Shea & Gould, New York City, for plaintiff.

Harvey S. Barr and John E. Oliva, Barr & Rosenbaum, Spring Valley, N.Y., for defendant.

Ira R. Abel, Angel & Frankel, P.C., New York City, for creditor's committee.

DECISION ON MOTION TO DISMISS

HOWARD SCHWARTZBERG, Bankruptcy Judge.

This is a Motion to Dismiss the complaint of the plaintiff, Mercury Masonry Corporation ("Mercury"), brought by the defendant, Terminal Construction Corporation ("Terminal"), pursuant to Federal Rule of Civil Procedure 12(b)(3) which is made applicable herein by Bankruptcy Rule 7012(b).

FACTS

1. Mercury commenced this case on September 10, 1987 by filing a voluntary petition...

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