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IN RE CHININ USA, INC.

Bankruptcy No. 03 B 15378, Adversary No. 04 A 01878.

327 B.R. 325 (2005)

In re CHININ USA, INC., Debtor. Joseph Bozich, not personally, but as Plan Trustee of the Bankruptcy Estate of Chinin USA, Inc., Plaintiff, v. Arnold Mattschull, Birgit Mattschull and Arnold Mattschull GmbH, Defendants.

United States Bankruptcy Court, N.D. Illinois, Eastern Division.

July 15, 2005.

Attorney(s) appearing for the Case

Mark L. Radtke, Steven Towbin, Kathleen Klaus, Shaw, Gussis, Fishman, Glantz, Wolfson, Chicago, IL, for Debtor and Plaintiff.

Steven Jakubowski, Ryan Zeller, Elizabeth Richert, Robert F. Coleman & Associates, Chicago, IL, for Arnold Mattschull, Birgit Mattschull, and Arnold GmbH Mattschull.

MEMORANDUM OPINION

BRUCE W. BLACK, Bankruptcy Judge.

This matter comes before the court on Defendants' consolidated motion to dismiss the complaint pursuant to Federal Rule of Civil Procedure 12(b)(1), (b)(4), (b)(5), and (b)(6),2 made applicable to adversary proceedings by Federal Rule of Bankruptcy Procedure 7012(b). For reasons that follow, the motion is denied.

JURISDICTION...

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