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IN RE SAFETY MEDICAL SUPPLY INTERN., INC.

Bankruptcy No. 01-15521-JNF. Adversary No. 04-1425.

334 B.R. 13 (2005)

In re SAFETY MEDICAL SUPPLY INTERNATIONAL, INC., Debtor. Safety Medical Supply International, Inc. v. Guardian Tech Inc., Burns & Levinson LLP, and Kathleen P. Dwyer, Chapter 11 Trustee, Defendants.

United States Bankruptcy Court, D. Massachusetts.

July 13, 2005.

Attorney(s) appearing for the Case

William C. Donovan, William V. Sopp, Burns & Levinson LLP, Boston, MA, Kathleen P. Dwyer, MacLean, Holloway, Doherty, Ardiff & Morse, Peabody, MA, for Defendants.

Sean R. Higgins, Pollack and Flanders, LLP, Boston, MA, Samuel M. Pollack, Pollack and Flanders LLP, Boston, MA, for Plaintiff.

MEMORANDUM

JOAN N. FEENEY, Bankruptcy Judge.

I. INTRODUCTION

The matter before the Court is the Defendants' Joint Motion to Dismiss the Complaint for Declaratory Judgment filed by the Debtor, Safety Medical Supply International, Inc. ("SMSI"). Pursuant to their Motion, the Defendants, Guardian Tech Inc. ("GTI"), formerly known as ReTrac Medical, Inc. ("ReTrac") and Burns & Levinson LLP ("B & L")(collectively, the "Defendants...

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