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IN RE GIBBONS

Bankruptcy No. 91-13761. Adv. No. 92-1147.

164 B.R. 717 (1993)

In re Paul GIBBONS, f/k/a Gibbons Construction, and Robin Gibbons, f/k/a Next Generation Living, Debtors. Paul GIBBONS and Robin Gibbons, Plaintiffs, v. OPECHEE DISTRIBUTORS, INC., Bank of New Hampshire, successor to The Suncook Bank, Farmington National Bank, First N.H. Bank, N.A., and Sears, Roebuck & Co., Defendants.

United States Bankruptcy Court, D. New Hampshire.

August 25, 1993.

Attorney(s) appearing for the Case

Robert M. Koch, Concord, NH, for debtors.

Alvin Nix, Laconia, NH, for Opechee Distributors, Inc.

Richard R. Peppe, Pembroke, NH, for Suncook Bank.

Carl W. Potvin, Rochester, NH, for Farmington Nat. Bank.

Lawrence Sumski, Amherst, NH, Trustee.

ORDER

JAMES E. YACOS, Bankruptcy Judge.

This adversary proceeding came on for a continued pretrial hearing before the Court on August 20, 1993 on a Complaint to Determine Lien, and for a continued hearing on a Motion to Dismiss filed by defendant Farmington National Bank.1

The issue presented by the motion to dismiss is whether the decision of the United States Supreme Court in Dewsnup v. Timm, ___ U.S....

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