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IN RE SOUTH CANAAN CELLULAR INVESTMENTS

Bankruptcy No. 09-10473bf. Adversary No. 09-0218.

427 B.R. 85 (2010)

In re SOUTH CANAAN CELLULAR INVESTMENTS, LLC, and South Canaan Cellular Equity, LLC, Debtors South Canaan Cellular Investments, LLC, and South Canaan Cellular Equity, LLC, Plaintiffs v. Lackawaxen Telecom, Inc. and Frank M. Coughlin, Defendants.

United States Bankruptcy Court, E.D. Pennsylvania.

March 25, 2010.

Attorney(s) appearing for the Case

Gretchen M. Santamour, Julie M. Murphy, Stradley Ronon Stevens & Young, LLP, Michael L. Temin, Fox Rothschild LLP, Philadelphia, PA, for Debtors and Plaintiffs.

John J. Barrett, Jr., Reger Rizzo & Darnall LLP, Philadelphia, PA, Mark T. Vuono, Vuono & Gray LLC, Pittsburgh, PA, for Defendants.

MEMORANDUM AND REPORT

BRUCE FOX, Bankruptcy Judge.

Defendants Lackawaxen Telecom, Inc. ("LTI") and Mr. Frank Coughlin have filed a joint motion seeking to dismiss the above-captioned adversary proceeding. They assert that dismissal is warranted under Fed. R. Bankr.P. 7012, which incorporates, inter alia, Fed.R.Civ.P. 12(b)(1), (2), (5), (6), (7). The plaintiffs oppose dismissal. For the following reasons,...

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