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SIMMONS v. DEANS

Adv. No. M-89-0286-AP.

120 B.R. 827 (1990)

E.J. SIMMONS, Plaintiff, v. Peggy B. DEANS, Clerk, United States Bankruptcy Court, Defendant.

United States Bankruptcy Court, E.D. North Carolina.

March 20, 1990.

Attorney(s) appearing for the Case

E.J. Simmons, Wrightsville Beach, N.C., pro se.

R.A. Renfer, Jr., Asst. U.S. Atty., Civ. Section, Raleigh, N.C., for Peggy B. Deans.

Stephen L. Beaman, Wilson, N.C.

MEMORANDUM OPINION

THOMAS M. MOORE, Chief Judge.

This matter is before the court on the defendant's motion to dismiss and the plaintiff's motion for summary judgment. The facts are not disputed and they are set out in the Complaint. In addition, the court takes judicial notice of the method of operations within the clerk's office.

The defendant moved to dismiss the Complaint because it was not the proper subject matter for an adversary proceeding...

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