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IN RE DUPLAN CORP.

No. 76 B 1967 (KTD).

455 F.Supp. 926 (1978)

In re the DUPLAN CORPORATION, Debtor. IMPERIAL CHEMICAL INDUSTRIES LIMITED, Plaintiff, v. Alfred P. SLANER, as reorganization Trustee of the Duplan Corporation, Debtor, Defendant.

United States District Court, S. D. New York.

July 30, 1978.

Attorney(s) appearing for the Case

Davis, Polk & Wardwell, New York City, for plaintiff by Donald N. Dirks, New York City, of counsel.

Shea, Gould, Climenko & Casey, New York City, for defendant by Remy J. Ferrario, Lonn A. Trost, New York City, of counsel.

OPINION & ORDER

KEVIN THOMAS DUFFY, District Judge.

Defendant Alfred P. Slaner, as Trustee in Reorganization of The Duplan Corporation ("Duplan"), has moved (i) for an order, pursuant to Rule 12(b)(6), F.R.Civ.P., Bankruptcy Rule 712(b) and Chapter X Rule 10-701, dismissing plaintiff's second amended complaint ("complaint"), (ii) for judgment on the pleadings, pursuant to Rule 12(c), F.R.Civ.P., Bankruptcy Rule 712(b) and Chapter X Rule 10-701, dismissing...

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