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IN RE CARLEY CAPITAL GROUP

No. 89-C-665-S.

119 B.R. 646 (1990)

In re CARLEY CAPITAL GROUP, Debtor. Thomas G. BEACH, Charles A. Carpenter, Charles R. Carpenter, Charles I. Trainer, Baker G. Clay and Daniel J. McCarty, Plaintiffs, v. FIRST UNION NATIONAL BANK OF NORTH CAROLINA, Defendant.

United States District Court, W.D. Wisconsin.

September 10, 1990.

Attorney(s) appearing for the Case

Daniel W. Stolper, Stafford, Rosenbaum, Rieser & Hansen, Madison, Wis., for plaintiffs.

J. Michael Booe, Petree Stockton & Robinson, Charlotte, N.C., Kenneth B. Axe, Lathrop & Clark, Madison, Wis., for defendant.

MEMORANDUM AND ORDER

SHABAZ, District Judge.

This is an appeal of the Bankruptcy Court's decision granting defendant's motion to dismiss an adversary proceeding. 118 B.R. 982 Jurisdiction is pursuant to 28 U.S.C. §§ 158(a) and 1334. Because the Bankruptcy Court granted defendant's motion to dismiss pursuant to Rule 12(b)(6), Federal Rules of Civil Procedure, no factual issues are presented and this Court reviews...

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