In re Dudley (Ch. 7 Case No. 02-51225 Adv. No. 02-05087)
The complaint's style showed Citicorp Mortgage, Inc. to be the defendant in the adversary proceeding. CitiMortgage, Inc. filed a motion to dismiss for failure to state a claim upon which relief can be granted. The complaint made no mention of CitiMortgage, Inc. and sought no relief against CitiMortgage, Inc. The Court held that CitiMortgage, Inc. was not a party that may file a motion to dismiss and denied the motion to dismiss.
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Date:
Friday, January 10, 2003