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MATTER OF LEWIS LBR. CO.

No. 79-3128.

635 F.2d 542 (1980)

In the Matter of LEWIS LUMBER COMPANY, Debtor. LEWIS LUMBER COMPANY, Plaintiff-Appellee, v. WALTER E. HELLER & COMPANY, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided December 4, 1980.

Attorney(s) appearing for the Case

William L. Montague, Stoll, Keenon & Park, Lexington, Ky., Donald E. Egan, Ronald M. DeKoven, Lee Ann Watson, Katten, Muchin, Gitles, Zavis, Pearl & Galler, Chicago, Ill., for defendant-appellant.

Dan D. Brock, Jr., Brock & Davenport, Lexington, Ky., for plaintiff-appellee.

Before MERRITT and BROWN, Circuit Judges, and CECIL, Senior Circuit Judge.

PER CURIAM.

This case presents an interlocutory appeal from an order of the district court affirming the bankruptcy court's denial of Heller's motion to dismiss for failure to state a cause of action. Although neither party raised the issue in its briefs,* we have determined that this court lacks jurisdiction and, therefore, dismiss the appeal.

On May 13, 1974, Lewis filed a petition for a Chapter XI arrangement. Accompanying the...

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