IN RE JORGES CARPET MILLS, INC.

Bankruptcy No. 1-80-02516, Adv. No. 1-82-0638.

28 B.R. 616 (1983)

In re JORGES CARPET MILLS, INC., Debtor. C. Kenneth STILL, Trustee, Plaintiff, v. FIRST BANK OF NEWTON, KANSAS, Rossville Bank, and Walker County Bank, Defendants.

United States Bankruptcy Court, E.D. Tennessee.

April 6, 1983.


Attorney(s) appearing for the Case

Thomas S. Kale, Spears, Moore, Rebman & Williams, Chattanooga, Tenn., for plaintiff, C. Kenneth Still.

Jim Golden, Leitner, Warner, Owens, Moffitt, Williams & Dooley, Chattanooga, Tenn., Robert C. Foulston and Gary L. Ayers, Foulston, Siefkin, Powers & Eberhardt, Wichita, Kan., for defendant, First Bank of Newton.

Richard B. Gossett, Thomas, Mann & Gossett, Chattanooga, Tenn., for defendant, Rossville Bank.


MEMORANDUM

RALPH H. KELLEY, Bankruptcy Judge.

The court is again faced with the question of jurisdiction under the emergency rule entered by the district court after the Supreme Court's decision in the Northern Pipeline case became effective. Northern Pipeline Construction Co. v. Marathon Pipe Line Co., ___ U.S. ___, 102 S.Ct. 2858, 73 L.Ed.2d 598, 9 B.C.D. 67, 6 C.B.C.2d 785 (1982).

Both defendants made motions to dismiss for lack...

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