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IN RE METROPOLITAN MORTG. & SECURITIES CO., INC.

Bankruptcy No. 04-00757-W11, Adversary Nos. 06-80028-PCW, 06-80029-PCW.

347 B.R. 406 (2006)

In re METROPOLITAN MORTGAGE & SECURITIES CO., INC., Debtor. In re Summit Securities, Inc., Debtor. Metropolitan Mortgage & Securities Co., Inc., Plaintiff, v. Sarah Emma Quinn, Defendant. Metropolitan Mortgage & Securities Co., Inc., Plaintiff, v. William F. Sandifur and Karen Sandifur, husband and wife, and their marital community, Defendants.

United States Bankruptcy Court, E.D. Washington.

August 8, 2006.

Attorney(s) appearing for the Case

Bruce W. Leaverton, Seattle, WA, for Debtor.

MEMORANDUM DECISION RE: DEFENDANTS' MOTIONS FOR PARTIAL JUDGMENT ON THE PLEADINGS

PATRICIA C. WILLIAMS, Bankruptcy Judge.

Metropolitan Mortgage & Securities Co., Inc., is a Chapter 11 debtor and has brought these consolidated adversary proceedings against two stockholders seeking to recover stock dividends distributed to the defendants. The defendants filed motions to dismiss certain causes of action in the Complaints pursuant to B.R. 7012 and argue that...

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