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IN RE CARRETTA

Bankruptcy No. 97-20465, Adversary No. 97-2303.

219 B.R. 66 (1998)

In re Joseph CARRETTA, Debtor. MERCEDES-BENZ CREDIT CORPORATION v. Joseph F. CARRETTA and Carretta Trucking, Inc. and Corestates Bank, N.A., Defendants.

United States Bankruptcy Court, D. New Jersey.

March 17, 1998.

Attorney(s) appearing for the Case

Timothy R. Greiner, Greiner & Langer, Parsippany, NJ, for Mercedes-Benz Credit Corporation.

Peter A. Pizzani, Jr., Okin, Hollander & Deluca, L.L.P., Fort Lee, NJ, for Joseph F. Carretta.

OPINION

ROSEMARY GAMBARDELLA, Bankruptcy Judge.

Presently before the Court is a motion by the Debtor/Defendant Joseph F. Carretta to dismiss the first Count of the Plaintiff, Mercedes Benz Credit Corporation's, Amended Complaint for failure to state a claim upon which relief can be granted. Plaintiff opposes Debtor/Defendant's Motion to Dismiss the first Count of Plaintiff's amended complaint, and requests a determination that the Debtor/Defendant...

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