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IN RE MUIR

Bankruptcy No. 98-33267-7. Adversary No. 99/00022.

239 B.R. 213 (1999)

In re Carol Douglas MUIR, Debtor. Carol Douglas Muir, Plaintiff, v. Sallie Mae Servicing Corporation, and New York State Higher Education Services Corporation, Defendants.

United States Bankruptcy Court, D. Montana, Butte Division.

September 17, 1999.

Attorney(s) appearing for the Case

Bruce M. Wilson, Missoula, MT, for the plaintiff.

Kathleen C. McBride, Corette Pohlman & Kebe, Butte, MT, for the defendant.

ORDER

JOHN L. PETERSON, Bankruptcy Judge.

In this adversary proceeding the Defendant New York State Higher Education Services Corporation ("NYSHESC") filed a motion to dismiss complaint on August 5, 1999, on the grounds this Court lacks subject matter jurisdiction or lacks jurisdiction over NYSHESC under Rule 7012 (applying Fed.R.Civ.P. 12(b)(1) & (2) in adversary proceedings) due to the State of New York's Eleventh Amendment sovereign immunity...

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