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IN RE SURPRISE

Bankruptcy No. 09-31448-HJB. Adversary No. 09-3056.

443 B.R. 258 (2011)

In re Donald F. SURPRISE, Jr., Debtor. David W. Ostrander, Chapter 7 Trustee, Plaintiff v. Judith M. Surprise, Defendant. Judith M. Surprise, Third Party Plaintiff v. Morrison Rousseau, LLP and Holly H. Hines, Third Party Defendants.

United States Bankruptcy Court, D. Massachusetts, Western Division.

January 14, 2011.

Attorney(s) appearing for the Case

Holly H. Hines, Hines Law Offices, Leominster, MA, Troy D. Morrison, Morrison Rousseau, LLP, Worcester, MA, for Debtor.

Elizabeth D. Katz, Ostrander Law Office, Northampton, MA, for Plaintiff.

L. Jed Berliner, Meghan R. Bristol, Berliner Law Firm, Springfield, MA, for Defendant and Third Party Plaintiff.

Michael Siedband, Looney & Grossman, Boston, MA, for Third Party Defendants.

MEMORANDUM OF DECISION

HENRY J. BOROFF, Bankruptcy Judge.

Before the Court is a Motion to Dismiss a Third Party Complaint (the "Motion to Dismiss") filed by Holly Hines and Morrison Rousseau, LLP ("Attorney Hines" and "Morrison Rousseau;" together the "Third Party Defendants") for failure to state a claim upon which relief can be granted. Because this Court concludes that it does not have subject matter jurisdiction over the Third Party Complaint...

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