Forty-Eight Insulations, Inc. v. Lipke (In Re Forty-Eight Insulations, Inc.)
United States Bankruptcy Court, N.D. Illinois
1Opinion of the Court
MEMORANDUM OPINION AND ORDER
ROBERT L. EISEN, Chief Judge.
This matter was heard on the defendants’ motion to dismiss the adversary complaint for failure to state a cause of action. The motion is brought in accordance with Fed.R.Civ.P. 12(b)(6) made applicable to this adversary proceeding by Bankruptcy Rule 7012(b). Since this Court has considered matters outside pleadings, the Court treats this motion as one for summary judgment in accordance with Fed.R. Civ.P. 12(b). For the reasons set forth herein, this Court, having considered all the pleadings, memoranda and exhibits filed herein, does…
2Cases cited11 opinions
- United States v. Whiting Pools, Inc.Supreme Court of the United States · 1983
- Perez. v. CampbellSupreme Court of the United States · 1971
- In the Matter of Charles Holtkamp and Holtkamp Farms, Inc., Debtors-Appellants. Charles Holtkamp and Holtkamp Farms, Inc. v. Ronald E. LittlefieldCourt of Appeals for the Seventh Circuit · 1982
- Wedgeworth v. Fibreboard Corp.Court of Appeals for the Fifth Circuit · 1983
- Johns-Manville Corp. v. Asbestos Litigation Group (In Re Johns-Manville Corp.)District Court, S.D. New York · 1984
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3Cited by37 opinions
- Wagner v. Ivory (In Re Wagner)United States Bankruptcy Court, E.D. Pennsylvania · 1987
- In Re Atlantic Business and Community CorporationCourt of Appeals for the Third Circuit · 1990
- In Re Monroe Well Service, Inc.United States Bankruptcy Court, E.D. Pennsylvania · 1986
- Homsy v. Floyd (In Re Vitek, Inc.)Court of Appeals for the Fifth Circuit · 1995
- In Re SumpterUnited States Bankruptcy Court, N.D. Illinois · 1994
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