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IN RE MALIN

Bankruptcy No. 05-16107. Adversary No. 06-5042.

356 B.R. 535 (2006)

In re John Randolph MALIN, Janis Lynn Malin, Debtors. John Randolph Malin, Janis Lynn Malin, Plaintiffs, v. Internal Revenue Service, Defendant.

United States Bankruptcy Court, D. Kansas.

July 18, 2006.

Attorney(s) appearing for the Case

Dan W. Forker, Jr., Hutchinson, KS, for Debtors.

Thomas W. Curteman, Jr., U.S. Department of Justice Tax Division, Washington, DC, for Defendant.

ORDER ON DEFENDANT'S MOTION TO DISMISS

ROBERT E. NUGENT, Chief Judge.

Defendant Internal Revenue Service (the "IRS") filed its Motion to Dismiss (Doc. 5) on February 16, 2006, seeking an order dismissing the above-captioned adversary proceeding filed by plaintiffs/debtors, John Randolph Malin and Janis Lynn Malin (the "Malins"), pursuant to Fed. R.Civ.P. 12(b)(1) and (6) and Bankruptcy Rule 7012. In their Complaint, Debtors request the Court determine...

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