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IN RE BURSTEIN-APPLEBEE CO.

Bankruptcy No. 80-00968-3, Civ. No. 81-0407-CV-W-3-6.

18 B.R. 698 (1982)

In re BURSTEIN-APPLEBEE COMPANY, Debtor. C. Michael FRANKE, Trustee, Plaintiff, v. Allen E. FISHMAN, et al., Defendants.

United States District Court, W.D. Missouri, W.D.

February 5, 1982.

Attorney(s) appearing for the Case

Paul E. Berman, Kansas City, for plaintiff.

Michael R. Roser, Berman, DeLeve, Kuchan & Chapman, Kansas City, Mo., for Burstein-Applebee and plaintiff.

G. Spencer Miller, Morris & Foust, Kansas City, Mo., for Fishman, Sander & Eagle Transfer.

Leland Shurin, Horowitz & Shurin, Kansas City, Mo., for Kopitsky & B-A Systems.

Loren G. Rea, Rea, Chamberlin & Russell, Kansas City, Mo., for Kash.

C. Brooks Wood, Jackson, Dillard, Brouillette & Farchmin, Kansas City, Mo., for McCoy.

Daniel J. Flanigan, Linde, Thomson, Fairchild, Langworthy & Kohn, Kansas City, Mo., for Gravois Merchandise, Inc.

Daniel M. Dibble, Kathryn H. Vratil, Lathrop, Koontz, Righter, Clagett & Norquist, Kansas City, Mo., for ITT Diversified Credit Corp.

MEMORANDUM AND ORDER OF REMAND

SACHS, District Judge.

By order of May 19, 1981, the bankruptcy court determined to abstain from proceeding in this matter, pursuant to 28 U.S.C. § 1471(d). As grounds for abstaining, the bankruptcy court noted the current uncertainty regarding the extent to which the exercise of the bankruptcy court's jurisdiction is constitutional, see Marathon Pipeline Co. v. Northern Pipeline Const. Co., 12 B...

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