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IN RE PRICE

Bankruptcy No. 88 B 19477, Adv. No. 89 A 830.

123 B.R. 42 (1991)

In re Van PRICE, Jr., Debtor. OLD KENT BANK-CHICAGO (formerly known as Unibanctrust Company), an Illinois Banking Association, Plaintiff, v. Van PRICE, Jr., Defendant.

United States Bankruptcy Court, N.D. Illinois, E.D.

January 18, 1991.

Attorney(s) appearing for the Case

Joel A. Stein, Laser, Schostok, Kolman & Frank, Chicago, Ill., for plaintiff.

Phillip D. Levey, Chicago, Ill., for debtor, defendant.

MEMORANDUM AND ORDER

THOMAS W. JAMES, Bankruptcy Judge.

Van Price, Jr., debtor, defendant, has moved to dismiss the third amended complaint of Old Kent Bank-Chicago, plaintiff, for Old Kent's failure to state averments of fraud with sufficient particularity as required by Fed.R.Civ.P. 9(b) [Fed.R. Bankr.P. 7009] and for failure to state a claim upon which relief can be granted under Fed.R.Civ.P. 12(b)(6) [Fed.R.Bankr.P. 7012]. The court agrees that the complaint...

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