ORDER
J. RICH LEONARD, Bankruptcy Judge.
This matter came before the court on the motion to dismiss this adversary proceeding for failure to state a claim upon which relief can be granted, filed by Montague Farms, Inc. ("defendant"), which James B. Angell ("trustee") has opposed. A hearing on the matter was held on March 13, 2013 in Raleigh, North Carolina and at the conclusion of the hearing, the court tentatively denied the defendant's motion to dismiss...
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