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IN RE CONSTON, INC.

Bankruptcy Nos. 92-217 to 92-245. Adv. No. 94-85.

181 B.R. 175 (1995)

In re CONSTON, INC., et al. Kenneth A. WELT, not individually but as Chapter 7 Trustee of Cascade International, Inc. v. CONSTON CORPORATION.

United States Bankruptcy Court, D. Delaware.

May 3, 1995.

Attorney(s) appearing for the Case

Marvin Krasny, Michael L. Temin, Pamela A. Morone, Wolf, Block, Schorr & Solis-Cohen, Philadelphia, PA, James L. Patton, Jr., Laura Davis Jones, David W. O'Connor, Young, Conaway, Stargatt & Taylor, Wilmington, DE, for debtor.

John H. Genovese, David C. Cimo, Jenner & Block, Miami, FL, William L. Witham, Jr., Joseph Grey, J. Kate Stickles, Prickett, Jones, Elliott, Kristol & Schnee, Dover, DE, for Trustee of Cascade.

HELEN S. BALICK, Chief Judge.

In this consolidated adversary proceeding, the defendant Conston Corporation has filed a motion to dismiss pursuant to Fed. R.Bankr.P. 7012(b). This is the court's decision on this core matter. 28 U.S.C. § 157(b)(2)(B).

I. Facts

On this motion to dismiss, the court will consider and assume to be true the well-pleaded allegations of the complaint. The court will also consider certain other matters of record...

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