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IN RE FIDELITY AMERICA MORTG. CO.

Bankruptcy Nos. 81-00388 G, 81-00387 G, Adv. Nos. 81-0287 G to 81-0289 G.

10 B.R. 781 (1981)

In re FIDELITY AMERICA MORTGAGE CO. (A Nevada Corporation), Debtor. CP YORKETOWN, INC. (A Pennsylvania Corporation) and Lee R. Robins (Additional Plaintiff), Plaintiffs, v. FIDELITY AMERICA MORTGAGE CO. (A Nevada Corporation), Defendant. In re FIDELITY AMERICA MORTGAGE CO. (A Delaware Corporation), Debtor (two cases). CP WALNUT, INC. (An Indiana Corporation) and Steven A. Sanders (Additional Plaintiff), Plaintiffs, v. FIDELITY AMERICA MORTGAGE CO. (A Delaware Corporation), Defendant. CP PLYMOUTH PLAZA, INC. (A Pennsylvania Corporation) and Jonathan Berg (Additional Plaintiff), Plaintiffs, v. FIDELITY AMERICA MORTGAGE CO. (A Delaware Corporation), Defendant.

United States Bankruptcy Court, E.D. Pennsylvania.

April 30, 1981.

Attorney(s) appearing for the Case

Marvin Krasny, Adelman & Lavine, Philadelphia, Pa., for plaintiffs, CP Yorketown, Inc. (A Pennsylvania Corp.), CP Walnut Street, Inc. (An Indiana Corp.) and Plymouth Plaza, Inc. (A Pennsylvania Corp.).

Nathan Lavine, Adelman & Lavine, Philadelphia, Pa., for additional party plaintiffs, Lee R. Robins, Steven A. Sanders and Jonathan Berg.

Michael L. Temin, Wolf, Block, Schorr & Solis-Cohen, Philadelphia, Pa., for debtors/defendants, Fidelity America Mortg. Co. (A Nevada Corp.) and Fidelity America Mortg. Co. (A Delaware Corp.).

OPINION

EMIL F. GOLDHABER, Bankruptcy Judge:

The instant case is before us on a motion filed by the debtor requesting the dismissal of three complaints filed against it. We conclude that the complaints filed against the debtor state a cause of action and we will, consequently, deny the motion to dismiss and permit the actions to proceed to trial.

The facts of the instant case are as follows:

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