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IN RE ABCO INDUSTRIES, INC.

Bankruptcy No. 99-51322 RCM-11. Adversary No. 01-5014.

270 B.R. 58 (2001)

In re ABCO INDUSTRIES, INC., Debtor. ABCO Industries, Inc., Plaintiff, v. ESI, Inc. of Tennessee, Defendant.

United States Bankruptcy Court, N.D. Texas, Lubbock Division.

August 27, 2001.

Attorney(s) appearing for the Case

Joseph F. Postnikoff, Goodrich, Postnikoff & Albertson, Ft. Worth, TX, for debtor.

Lawrence Chek, Jenkins & Gilchrist, Dallas, TX, for defendant.

MEMORANDUM OPINION ON PLAINTIFF'S MOTION TO DISMISS

ROBERT C. McGUIRE, Bankruptcy Judge.

Debtor-in-Possession ("Debtor"), ABCO Industries, Inc. ("ABCO"), as plaintiff, filed this adversary proceeding against ESI, Inc. of Tennessee ("ESI"). ESI filed its answer, which also contained a counterclaim against Debtor. Debtor filed a motion to dismiss such counterclaim under Bankruptcy Rule 7012 for failure to state a claim, because res judicata allegedly...

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