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IN RE BLIER CEDAR CO., INC.

Bankruptcy No. 78-159ND, Adv. 80-11.

7 B.R. 195 (1980)

In re BLIER CEDAR COMPANY, INC., Debtor. OXFORD BANK & TRUST COMPANY, Plaintiff, v. Richard E. POULOS, Trustee, Defendant Third Party.

United States Bankruptcy Court, D. Maine.

November 12, 1980.

Attorney(s) appearing for the Case

Thomas G. Leahy, Monaghan & Leahy, Portland, Me., for plaintiff.

Richard E. Poulos, Portland, Me., for defendant.

MEMORANDUM OF DECISION

CONRAD K. CYR, Bankruptcy Judge.

Oxford Bank & Trust Company [Oxford] moves to dismiss the defendant-trustee's [trustee] second and fourth counterclaims under Bankruptcy Rule 712 and Federal Rule of Civil Procedure 12(b)(6) for failure to state a claim upon which relief can be granted. Oxford also seeks to strike the fourth affirmative defense of the trustee under Federal Rule of Civil Procedure 12(f) as insufficient and/or redundant...

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