In re Tonico Manufacturing Co.

ORDER ON MOTION TO DISMISS

ALEXANDER L. PASKAY, Chief Judge.

THIS IS a Chapter 11 case and the matter under consideration is a Motion to Dis*318miss the case filed by James and Mary Patterson (Movants). The Motion is based on the contention that Tonico Manufacturing Co., Inc. is a non-existent legal entity, thus its petition is a nullity as a matter of law and, therefore, this Chapter 11 case should be dismissed.

The facts relevant to the disposition of the Motion are simple and basically without dispute and are as follows:

On October 28, 1988, Movants, the owners of nonresidential real property,…