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IN RE JOHN'S INSULATION, INC.

Bankruptcy No. 194-20121-353, Adversary No. 197-1405-353.

221 B.R. 683 (1998)

In re JOHN'S INSULATION, INC., Debtor. JOHN'S INSULATION, INC., Plaintiff, v. HARTFORD ACCIDENT & INDEMNITY CO., Defendant.

United States Bankruptcy Court, E.D. New York.

June 23, 1998.

Attorney(s) appearing for the Case

Finkel Goldstein Berzow Rosenbloom & Nash, LLP, New York City by Harold S. Berzow, S. Stewart Smith, for Debtor.

Stim & Warmuth, P.C., Huntington, NY by Joseph D. Stim, for Creditor.

DECISION ON MOTION TO DISMISS ADVERSARY PROCEEDING FOR FAILURE TO STATE A CLAIM UPON WHICH RELIEF CAN BE GRANTED

JEROME FELLER, Bankruptcy Judge.

Defendant Hartford Accident and Indemnity Co. ("Hartford") moves to dismiss this adversary proceeding, brought in the Chapter 11 bankruptcy case of John's Insulation, Inc., for failure to state a claim upon which relief can be granted pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure...

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