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IN RE ATLAS FIRE APPARATUS, INC.

No. S-84-00716-5, Adv. No. S-85-0150-AP.

56 B.R. 927 (1986)

In re ATLAS FIRE APPARATUS, INC., a/k/a Atlas Steel Products, Inc., ID#: 56-0680361, Debtor. ATLAS FIRE APPARATUS, INC., a/k/a Atlas Steel Products, Inc., Plaintiff, v. E.M. BEAVER, Patty Beaver Foscue, William M. Beaver, W.B. Beaver, E.R. Dimmette, Sr., E.R. Dimmette, Jr., Cindy D. Heath, Lillian B. Dimmette, and B & D Development Company, A North Carolina Partnership, Defendants.

United States Bankruptcy Court, E.D. North Carolina.

January 21, 1986.

Attorney(s) appearing for the Case

Samuel T. Wyrick, Haythe & Curley, Raleigh, N.C., for debtor.

James C. Frenzel, Womble, Carlyle, Sandridge & Rice, Winston-Salem, N.C., for defendants.

MEMORANDUM OPINION AND ORDER

A. THOMAS SMALL, Bankruptcy Judge.

The matter before the court is the Motion to Dismiss or, In the Alternative, Motion For Abstention filed by the defendants, E.M. Beaver, Patty Beaver Foscue, William M. Beaver, W.B. Beaver, E.R. Dimmette, Sr., E.R. Dimmette, Jr., Cindy D. Heath, Lillian B. Dimmette, and B & D Development Company, a North Carolina General Partnership. The parties filed extensive briefs and a hearing was held...

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