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MATTER OF NEW CASTLE SHELLFISH CO.

Bankruptcy No. 82-180, Adv. No. 82-131.

32 B.R. 548 (1983)

In the Matter of NEW CASTLE SHELLFISH CO., a Delaware corporation, t/a The Crab Shack Restaurant, Debtor. Richard G. ELLIOTT, Jr., Trustee of New Castle Shellfish Co., Plaintiff, v. John SMITH and Irene Smith, Defendants.

United States Bankruptcy Court, D. Delaware.

August 16, 1983.

ORDER DENYING MOTION TO DISMISS

HELEN S. BALICK, Bankruptcy Judge.

New Castle Shellfish Co. is a debtor in a Chapter 7 proceeding filed in May 1982. Richard G. Elliott, Jr., as trustee filed an action against John Smith and Irene Smith on December 22, 1982, alleging usurpation of a corporate opportunity. The Smiths have filed a motion to dismiss the complaint on the ground that the bankruptcy court does not have subject matter jurisdiction.

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