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IN RE 2435 PLAINFIELD AVE., INC.

Bankruptcy No. 98-31892, Adversary No. 98-3118.

223 B.R. 440 (1998)

In re 2435 PLAINFIELD AVENUE, INC., Debtor. 2435 PLAINFIELD AVENUE, INC., Plaintiff, v. TOWNSHIP OF SCOTCH PLAINS, Defendant.

United States Bankruptcy Court, D. New Jersey.

August 6, 1998.

Attorney(s) appearing for the Case

Barry W. Frost, Teich, Groh & Frost, Trenton, NJ, for Plaintiff/Debtor.

Gary S. Jacobson, Jacobson & Brecher, Mountainside, NJ, for Defendant.

Patricia S. Roach Bruck, Skey, Dumont & Matejek, Princeton, NJ, for Better Homes and Gardens.

Michael Zindler, Markowitz & Zindler, Lawrenceville, NJ, for Mauro Checchio, Portia Checchio, Ernest DiFrancesco and Susan DiFrancesco.

MEMORANDUM OPINION

STEPHEN A. STRIPP, Bankruptcy Judge.

This is the court's decision on a motion by defendant Township of Scotch Plains (the "Township") to dismiss a complaint filed by 2435 Plainfield Ave., Inc. (the "debtor") for failure to state a cause of action pursuant to FED.R.CIV.P. 12(b)(6) incorporated by reference in FED.R.BANKR.P. 7012 and on the Township's motion to quash six subpoenas for Rule 2004 examinations issued on behalf of the...

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