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TENNSCO CORP. v. ESTEY METAL PRODUCTS, INC.

Civil No. 96-1284 (GEB).

200 B.R. 542 (1996)

TENNSCO CORPORATION, Plaintiff, v. ESTEY METAL PRODUCTS, INC.; Crater Associates; F. Philip Tucker, Sr.; F. Philip Tucker, Jr.; Joan T. Cox; Peter W. Rodino III, Defendants.

United States District Court, D. New Jersey.

September 17, 1996.

Attorney(s) appearing for the Case

Gail Hokanson Allyn, Pitney, Hardin, Kipp & Szuch, Morristown, NJ, for Tennsco Corporation.

Gregory Joseph Coffey, Schenck, Price, Smith & King, Morristown, NJ, for Crater Associates, F. Philip Tucker, Sr., F. Philip Tucker, Jr., Joan T. Cox.

Christopher J. Carey, Tompkins, McGuire & Wachenfeld, Newark, NJ, for Peter W. Rodino, III.

MEMORANDUM OPINION

BROWN, District Judge.

This matter comes before the Court on defendant Peter W. Rodino III's motion to dismiss for failure to state a claim upon which relief may be granted pursuant to FED.R.CIV.P. 12(b)(6). For the reasons set forth herein, the Court will grant defendant's motion.

I. BACKGROUND

Defendant Peter W. Rodino III was appointed the Chapter 11 trustee in bankruptcy for Estey Metals (hereinafter "Estey...

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