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IN RE MITCHELL

Bankruptcy No. 94-18204-JNF. Adversary No. 00-1375.

255 B.R. 97 (2000)

In re James H. MITCHELL, III and Mary A. Mitchell, Debtors. Xytest Corporation and George R. Berbeco, Plaintiffs, v. James H. Mitchell, III and Mary A. Mitchell, Defendants.

United States Bankruptcy Court, D. Massachusetts.

November 15, 2000.

Attorney(s) appearing for the Case

Jack R. Pirozzolo, Willcox, Pirozzolo & McCarthy, Boston, MA, for plaintiffs.

James H. Mitchell, III, Mary A. Mitchell, defendants pro se.

MEMORANDUM

JOAN N. FEENEY, Bankruptcy Judge.

I. INTRODUCTION

The matter before the Court is the Plaintiffs' Motion to Dismiss, Abstain and/or Stay as to Defendants' Counterclaims and Third Party Complaint and to Strike Affirmative Defenses and Request for Hearing (the "Motion to Dismiss"). In view of the complete record before this Court, including the Debtors' Verified Opposition to Plaintiffs' Motion to Dismiss, the Court finds that...

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