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IN RE MILLER

No. 00-4142-RDR. Bankruptcy No. 99-42944-7 Adversary No. 0-7048

270 B.R. 303 (2001)

Aaron A. & Kimberly A. MILLER, Debtors. Mary S. Coleman, David M. Billingsley, Triangle Marketing, Plaintiffs/Appellants, v. Aaron Miller & Kimberly Miller, Defendants/Appellees.

United States District Court, D. Kansas.

November 29, 2001.

Attorney(s) appearing for the Case

Todd A Luckman, Wesley F. Smith, Stumbo, Hanson & Hendricks, Topeka, KS, for Aaron and Kimberly Miller.

Lynn D. Lauver, Topeka, KS, for plaintiffs/appellants.

United States Bankruptcy Court-Topeka Division, Topeka, KS, Interpleader, pro se.

Joseph L. Wittman, Topeka, KS, trustee, pro se.

MEMORANDUM AND ORDER

ROGERS, District Judge.

This is an appeal from an order of the bankruptcy court. The bankruptcy court dismissed the complaint filed by the plaintiffs/ appellants in an adversary proceeding for failure to state a claim upon which relief can be granted. The court has heard oral argument and is now prepared to rule.

The background of this case is somewhat complicated. Aaron and Kimberly Miller filed a Chapter 7 bankruptcy on December...

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