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IN RE MARCECA

Bankruptcy No. 90 B 20782, 91 ADV 6025A.

127 B.R. 328 (1991)

In re Robert K. MARCECA, Debtor. Jonathan SHANE, Plaintiff, v. Robert K. MARCECA, Defendant.

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

May 28, 1991.

Attorney(s) appearing for the Case

Haythe & Curley, New York City, for debtor/defendant.

Office of Robert V. Ferrari, New York City, for plaintiff.

DECISION ON MOTION TO DISMISS ADVERSARY PROCEEDING

HOWARD SCHWARTZBERG, Bankruptcy Judge.

The defendant, Robert K. Marceca ("Marceca"), seeks to dismiss, pursuant to Fed.R.Civ.P 12(b)(6) and 9(b) and Bankruptcy Rules 7012 and 7009, an adversary proceeding filed on February 8, 1991 (the "Adversary Proceeding") by the plaintiff, Jonathan Shane ("Shane"). Marceca alleges that the complaint fails to state a claim upon which relief may be granted, fails to plead...

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