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IN RE COMPUGARD SERVICES, INC.

Bankruptcy No. 03-22529. Adversary No. 05-1171.

335 B.R. 661 (2005)

In re COMPUGARD SERVICES, INC., Debtor. Steven S. Davis, Trustee, Plaintiff, v. Lake Erie Interlock, Inc., et al., Defendants.

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

October 24, 2005.

Attorney(s) appearing for the Case

Frederic P. Schwieg, Cowden Humphrey Nagorney & Lovett, Cleveland, OH, for Plaintiff.

MEMORANDUM OF OPINION AND ORDER

RANDOLPH BAXTER, Bankruptcy Judge.

The matter before the Court is the Board of Lake County Commissioners' ("Lake County") Motion to Dismiss under Federal Rule of Bankruptcy Procedure Rule 7012(b)(1) (lack of jurisdiction over the subject matter). In the alternative, Lake County seeks dismissal under Rule 7012(b)(6) (failure to state a claim upon which relief can be granted...

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