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IN RE JEFFERSON

Bankruptcy No. 92-10879, Adv. No. 92-1093.

144 B.R. 620 (1992)

In re Norman E. JEFFERSON, Debtor. Norman E. JEFFERSON, Plaintiff, v. G. FOX and Filene's (Divisions of May Department Stores Company), Defendants.

United States Bankruptcy Court, D. Rhode Island.

September 14, 1992.

Attorney(s) appearing for the Case

George M. Prescott, Lincoln, R.I., for debtor/plaintiff.

Jeffrey S. Michaelson, Michaelson & Michaelson, Providence, R.I., for defendants.

ARTHUR N. VOTOLATO, Jr., Bankruptcy Judge.

Before the Court is the Defendant's Motion to Dismiss the Plaintiff's Complaint, pursuant to Fed.R.Bankr.P. 7012(b), incorporating by reference Fed.R.Civ.P. 12(b)(6), for failure to state a claim upon which relief can be granted.

In ruling upon a motion to dismiss, the Court is required to accept the well-pleaded factual allegations of the complaint as true, and to deny the motion "unless it appears beyond doubt that...

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