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  5. 197 B.R. 810 (1996)
 

IN RE MILLER

No. 3:96-MC-20-P. Bankruptcy No. C-B-95-30199. Adversary No. 95-3048.

197 B.R. 810 (1996)

In re John W. MILLER SS # 244-92-0698, Debtor. Wayne SIGMON, Trustee in Bankruptcy for John W. Miller, Plaintiff, v. MILLER-SHARPE, INC., John W. Miller, Donald R. Sharpe, Teresa H. Sharpe, Nancy P. Miller, Cecelia Miller, Robert C. Gunst, and the John W. Miller Limited Partnership, Defendants.

United States District Court, W.D. North Carolina, Charlotte Division.

June 18, 1996.

Attorney(s) appearing for the Case

Wayne Sigmon, Gastonia, NC, Pro Se.

James L. Fretwell, Thomas B. Rallings, Jr., Mitchell, Rallings, Singer, McGirt & Tissue, Charlotte, NC, for Miller Sharpe, Incorporated, John W. Miller, Donald R. Sharpe, Teresa H. Sharpe.

Nancy P. Miller, Cary, NC, Pro Se.

Cecelia Miller, Lenoir, NC, Pro Se.

Barbara J. Dean, Cansler, Lockhart & Evans, P.A., Charlotte, NC, for Robert C. Gunst.

Richard M. Mitchell, Mitchell, Rallings, Singer, McGirt & Tissue, Charlotte, NC, Pro Se.

Thomas B. Rallings, Jr., Mitchell, Rallings, Singer, McGirt & Tissue, Charlotte, NC, Pro Se.

ROBERT D. POTTER, Senior District Judge.

THIS MATTER is before the Court on the motion of Robert C. Gunst to dismiss the Trustee's complaint. For the reasons stated herein, his motion to dismiss will be granted.

I. BACKGROUND

This adversary proceeding began as a civil action filed by USF & G in May of 1994 against Miller Sharpe, Inc., John W. Miller, Donald P. Sharpe, and Teresa...

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