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IN RE SAV-A-STOP, INC.

Bankruptcy No. 87-00830-BKC-3P1, Adv. No. 88-159.

98 B.R. 83 (1989)

In re SAV-A-STOP, INCORPORATED, Debtor. JACK'S SERVICE OF the UNITED STATES, INC., Plaintiff, v. SAV-A-STOP, INCORPORATED, Defendant.

United States Bankruptcy Court, M.D. Florida, Jacksonville Division.

March 22, 1989.

Attorney(s) appearing for the Case

Ronald Bergwerk, Jacksonville, Fla., for plaintiff.

Karen S. Jennemann, Jacksonville, Fla., for defendant.

MEMORANDUM OPINION

GEORGE L. PROCTOR, Bankruptcy Judge.

This adversary proceeding is before the Court upon a motion to dismiss the amended counterclaim which seeks damages for abuse of process and malicious prosecution arising out of a lawsuit filed in the State of Oklahoma. The motion suggests that the counterclaim should be dismissed pursuant to Bankruptcy Rule 7012 and Federal Rule 12(b) for lack of standing and failure to state a claim upon which relief...

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