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IN RE CARNEGIE INDUSTRIES, INC.

Bankruptcy No. 79 B 1770.

8 B.R. 983 (1981)

In re CARNEGIE INDUSTRIES, INC., Bankrupt. SILVER, FEIGEN & DRUCKER, Plaintiff, v. CARNEGIE INDUSTRIES, INC., Defendant.

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

February 13, 1981.

Attorney(s) appearing for the Case

Levin & Weintraub, New York City, for debtor/defendant.

David H. Singer, New York City, for plaintiff.

DECISION AND ORDER ON MOTION TO DISMISS COMPLAINT

BURTON R. LIFLAND, Bankruptcy Judge.

In this Chapter XI Bankruptcy Act1 case, Carnegie Industries, Inc. ("Carnegie"), a debtor in possession, has filed a Rule 12(b)(6)2 motion to dismiss a complaint filed against it by plaintiff, Silver, Feigen & Druchner, which, because of the introduction of matters outside the pleading(s), must procedurally...

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