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IN RE BROOKE CORP.

Bankruptcy No. 08-22786. Adversary No. 12-6043.

485 B.R. 650 (2013)

In re BROOKE CORPORATION, Debtor. Christopher J. Redmond, Chapter 7 Trustee of Brooke Corporation, Brooke Capital Corporation (f/k/a Brooke Franchise Corporation), and Brooke Investments, Inc., Plaintiff, v. NCMIC Finance Corporation, Defendant.

United States Bankruptcy Court, D. Kansas.

January 15, 2013.

Attorney(s) appearing for the Case

John J. Cruciani , Michael D. Fielding , Husch Blackwell LLP, Kansas City, MO, for Plaintiff.

Brendan L. McPherson , Paul D. Sinclair , Polsinelli Shughart, P.C., Kansas City, MO, Jason L. Bush , Polsinelli Shughart PC, Overland Park, KS, for Defendant.

MEMORANDUM OPINION AND ORDER GRANTING IN PART THE PLAINTIFF'S MOTION TO DISMISS COUNTERCLAIM COMPLAINT

DALE L. SOMERS, Bankruptcy Judge.

Plaintiff Christopher J. Redmond, Chapter 7 Trustee (Trustee) of Debtors Brooke Corporation, Brooke Capital Corporation, and Brooke Investments, Inc., moves under Federal Rule of Civil Procedure 12(b)(6) and (c), made applicable to this proceeding by Federal Rule of Bankruptcy Procedure 7012(b), to dismiss the counterclaims...

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