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IN RE LANGSTON

Bankruptcy No. 03-30418, Adversary No. 03P2307, Civ. No. 2.04CV906 DS.

319 B.R. 667 (2005)

In re Barbara LANGSTON, Debtor. Tony Divino Enterprises, dba Toyota Lincoln Mercury of Ogden, Appellant, v. Barbara Langston, Appellee.

United States District Court, D. Utah, Central Division.

January 13, 2005.

Attorney(s) appearing for the Case

Gerry B. Holman, Esq., Winder & Haslam, Salt Lake City, UT, for appellant.

Kevin D. Whatcott, Esq., Whatcott, Barrett & Hagen, Salt Lake City, UT, for appellee.

MEMORANDUM OPINION AND ORDER

SAM, Senior District Judge.

I. INTRODUCTION

Appellant Tony Divino Enterprises, dba Toyota Lincoln Mercury of Ogden ("Devino"), appeals the order of the Honorable Judith A. Boulden, United States Bankruptcy Court, granting Appellee Barbara Langston's ("Langston") motion to dismiss Divino's adversary proceeding for failure to timely serve the Summons and Complaint as required by Fed.R.Civ.P. 4(m).

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