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IN RE RAINBOW SEC. INC.

Bankruptcy No. B-93-11252C-7W. Adv. No. 93-6002.

173 B.R. 508 (1994)

In re RAINBOW SECURITY INC., d/b/a Rainbow Construction, Debtor. W. Joseph BURNS, Trustee in Bankruptcy for Rainbow Security Inc., d/b/a Rainbow Construction, Plaintiff, v. FIRST CITIZENS BANK & TRUST COMPANY, Defendant and Third-Party Plaintiff, v. Horace L. FLOWERS, Sr. and Kathleen P. Flowers, Third-Party Defendants.

United States Bankruptcy Court, M.D. North Carolina, Winston-Salem Division.

March 9, 1994.

Attorney(s) appearing for the Case

W. Joseph Burns, Trustee in Bankruptcy.

Michael P. Flanagan, Greenville, NC, for defendant.

John J. Schramm, Winston-Salem, NC, for third-party defendants.

MEMORANDUM OPINION

WILLIAM L. STOCKS, Bankruptcy Judge.

This adversary proceeding came before the court on February 16, 1994, for hearing upon the third-party defendants' motion pursuant to Federal Rule 12(b)(1) and Bankruptcy Rule 7012 to dismiss the third-party complaint for lack of subject matter jurisdiction. Having considered the briefs filed by the parties and the arguments of their counsel, the court...

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