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IN RE DAVIS

Bankruptcy No. BK-S-03-11204 LBR. Adversary No. 03-1507 LBR.

312 B.R. 681 (2004)

In re Barclay DAVIS, Loretta Davis, Debtors. James F. Lisowski, Chapter 7 Panel Trustee, Plaintiff, v. Barclay Davis, etc., Loretta Davis, etc., Defendants. And Related Counterclaim.

United States Bankruptcy Court, D. Nevada.

July 13, 2004.

Attorney(s) appearing for the Case

CiCi Cunningham, Las Vegas, NV, for James F. Lisowski, Chapter 7 Trustee.

Barclay and Loretta Davis, Pro Se.

MEMORANDUM OF DECISION RE MOTION TO DISMISS COUNTERCLAIM

LESLIE TCHAIKOVSKY, Bankruptcy Judge.

Plaintiff/counterdefendant James F. Lisowski (the "Trustee"), the chapter 7 trustee of the above-captioned bankruptcy estate, and Counterdefendant CiCi Cunningham (the "Trustee's Attorney") move to dismiss the Counterclaim in this adversary proceeding pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure (hereinafter...

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