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MATTER OF MARIN MOTOR OIL INC.

Bankruptcy No. 81-0356.

16 B.R. 822 (1982)

In the Matter of MARIN MOTOR OIL, INC., a Corporation of the State of New York, Debtor. MONTELLO OIL CORP., Plaintiff, v. MARIN MOTOR OIL, INC., David P. Michaels, Trustee and Cities Service Company, Defendants.

United States Bankruptcy Court, D. New Jersey.

January 27, 1982.

Attorney(s) appearing for the Case

Mattson, Madden & Polito by Frank D. Angelastro, Newark, N.J., for Cities Service Co.

Donald J. Williamson, Newark, N.J., for Montello Oil Corp.

OPINION

MOTION OF CITIES SERVICE COMPANY TO DISMISS FOR LACK OF SUBJECT MATTER JURISDICTION

D. JOSEPH DeVITO, Judge.

Defendant Cities Service Company (Cities) moves to dismiss the amended complaint of plaintiff Montello Oil Corporation (Montello) on the ground that this Court lacks subject matter jurisdiction by reason of the alleged unconstitutionality of the jurisdictional grant of power conferred by 28 U.S.C. § 1471 on the bankruptcy court...

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