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IN RE CIRCLE LAND AND CATTLE CORP.

Nos. 96-21901, 97-6039.

213 B.R. 870 (1997)

In re CIRCLE LAND AND CATTLE CORPORATION, Debtor. HELENA CHEMICAL COMPANY, Plaintiff, v. CIRCLE LAND AND CATTLE CORPORATION and Custom Agri-Services, Inc., Defendants.

United States Bankruptcy Court, D. Kansas.

October 8, 1997.

Attorney(s) appearing for the Case

Max E. Estes, Dodge City, KS, and Martin R. Ufford, Redmond & Nazar, L.L.P., Wichita, KS, for Helena Chemical Co.

Jan Hamilton, Hamilton, Peterson & Keeshan, Topeka, KS, and William E. Metcalf, Justus and Metcalf, Topeka, KS, for Kansas Circle Land and Cattle Corporation.

Cynthia L. Reams, Weisenfels & Vaughan, Kansas City, MO, for Custom Agri-Services, Inc.

Cynthia F. Grimes, Grimes & Rebein, Lenexa, KS and Michael D. Hepperly, Wichita, KS, for C. Dean Gigot.

MEMORANDUM OPINION1

JOHN T. FLANNAGAN, Bankruptcy Judge.

The question is whether Helena Chemical Company's adversary complaint against Custom Agri-Services, Inc., should be dismissed. Custom Agri-Services, Inc. ("Custom"), a non-debtor corporation, moves under FED. R.CIV.P. 12(b)(6) to dismiss the complaint for its failure to state a claim upon which relief can be granted.2 According...

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