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IN RE McFARLAND

Bankruptcy No. 9:05-bk-25424-ALP. Adversary No. 9:08-ap-0414-ALP.

399 B.R. 549 (2009)

In re Ernest Robert McFARLAND, Jr. and Marlene V. McFarland, Debtors. Ernest Robert McFarland, Jr. and Marlene V. McFarland, Plaintiffs v. United States of America, Defendants.

United States Bankruptcy Court, M.D. Florida, Fort Myers Division.

January 14, 2009.

Attorney(s) appearing for the Case

Ronald G. Neiwirth, Fowler White Burnett PA, Miami, FL, for Plaintiffs.

Kyle S. Cohen, U.S. Attorney's Office, Fort Myers, FL, for Defendants.

ORDER ON UNITED STATES OF AMERICA'S [RENEWED] MOTION TO DISMISS FIRST AMENDED COMPLAINT (Doc. No. 34)

ALEXANDER L. PASKAY, Bankruptcy Judge.

This is the second attempt by the United States of America (Government) to dismiss the above captioned adversary proceeding commenced by Ernest Robert McFarland, Jr., and Marleen V. McFarland (Debtors). The Debtors in their three-count Complaint seek a determination by this Court that certain claims...

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