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IN RE MIDWEST MOBILE TECHNOLOGIES, INC.

Bankruptcy No. 02-12976, Adversary No. 02-1427.

304 B.R. 787 (2003)

In re MIDWEST MOBILE TECHNOLOGIES, INC., Debtor. Henry E. Menninger, Chapter 7 Trustee for the Estate of Midwest Mobile Technologies, Inc., Plaintiff, v. Ray A. Attiyah, and Midwest Manufacturing Solutions, LLC, Defendants.

United States Bankruptcy Court, S.D. Ohio, Western Division.

July 29, 2003.

Attorney(s) appearing for the Case

James C. Cissell, Cincinnati, OH, Lead Attorney, Pro se.

Richard L. Ferrell, Cincinnati, OH, Lead Attorney, Henry E. Menninger, Jr., Cincinnati, OH, Lead Attorney, representing James C. Cissell, Cincinnati, OH, (Plaintiff).

Timothy J. Hurley, Cincinnati, OH, Lead Attorney, representing Henry E. Menninger, Jr., Cincinnati, OH, (Plaintiff).

Donald John Rafferty, Cincinnati, OH, Lead Attorney, representing Midwest Manufacturing Solutions LLC, c/o Kmk Service Corp, Statutory Agent, Cincinnati, OH, (Defendant).

MEMORANDUM OF DECISION ON MOTION TO DISMISS FOR FAILURE TO JOIN AN INDISPENSABLE PARTY

JEFFERY P. HOPKINS, Bankruptcy Judge.

Presently before the Court is the Defendants' Motion to Dismiss for Failure to Join an Indispensable Party ("Motion") (Doc. 20). The Plaintiff filed a memorandum in opposition (Doc. 23). For the reasons stated herein, the Motion will be DENIED.

The complaint...

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