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IN RE SZOSTEK

Bankruptcy No. 09-31623. Adversary No. 09-03022.

429 B.R. 552 (2010)

In re James T. SZOSTEK, dba Jolly Jim's Pets dba Jolly Jim's Pets Too, and Mary Alice Szostek, Debtors. James T. Szostek, Mary Alice Szostek, Plaintiffs v. Texas State Comptroller Of Public Accounts, Defendant.

United States Bankruptcy Court, W.D. Texas, El Paso Division.

March 29, 2010.

Attorney(s) appearing for the Case

E.P. Bud Kirk, El Paso, TX, for Plaintiffs.

William A. Frazell, Austin, TX, for Defendant.

MEMORANDUM DECISION AND ORDER GRANTING TEXAS STATE COMPTROLLER OF PUBLIC ACCOUNTS' MOTION TO DISMISS ADVERSARY PROCEEDING PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 12(b)(6)

LEIF M. CLARK, Bankruptcy Judge.

Came on for consideration the foregoing matter. On July 28, 2009, James T. Szostek ("James") and his wife, Mary Alice Szostek ("Mary," and, together with James, the "Debtors"), filed a voluntary petition for relief under chapter 11 of the Bankruptcy...

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