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IN RE McCLAIN

Bankruptcy No. 00-12493-MWV. Adversary No. 00-1153-MWV.

264 B.R. 230 (2001)

In re Christopher MCCLAIN, Debtor. Christopher McClain, Plaintiff, v. American Student Assistance; Niederman & Stanzel; The Educational Resources Institute, Inc.; Mellon Bank; and Educational Credit Management Corp., Defendants.

United States Bankruptcy Court, D. New Hampshire.

June 6, 2001.

Attorney(s) appearing for the Case

Linda J. Argenti, Nashua, NH, for plaintiff.

Marc W. McDonald, Ford & Weaver, PA, Portsmouth, NH, for defendant The Educational Resources Institute, Inc.

Joel T. Brighton, Wiggin & Nourie, PA, Manchester, NH, for defendant Educational Credit Management Corporation.

Michael S. Askenaizer, Nashua, NH, Chapter 7 Trustee.

Geraldine Karonis, Office of U.S. Trustee, Manchester, NH, for U.S. Trustee.

ORDER ON MOTION FOR JUDGMENT ON THE PLEADINGS

MARK W. VAUGHN, Chief Judge.

Defendants The Educational Resources Institute, Inc. ("TERI") and Educational Credit Management Corporation ("ECMC") have moved for judgment on the pleadings in the above captioned adversary proceeding with respect to Count II1 of the complaint. For the reasons set out below, the Court grants the motions.

This Court has jurisdiction of the...

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