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IN RE ART SHIRT LTD., INC.

Bankruptcy No. 80-03428K, Adv. No. 82-2359K.

34 B.R. 918 (1983)

In re ART SHIRT LTD., INC. (Cracker Barrel Dresses, Ltd. Bankruptcy No. 80-03429K Richard Todd, Inc. Bankruptcy No. 80-03430K), Debtor. Louis W. FRYMAN, Esquire, Trustee of Art Shirt Ltd., Inc., Plaintiff, v. MANUFACTURERS HANOVER TRUST COMPANY, Defendant.

United States Bankruptcy Court, E.D. Pennsylvania.

November 18, 1983.

Attorney(s) appearing for the Case

Leon S. Forman, David L. Braverman, Philadelphia, Pa., for defendant/Mfrs. Hanover Trust Co.

Gary M. Schildhorn and Steven T. Stern, Philadelphia, Pa., for Richard Schiro.

OPINION

WILLIAM A. KING, Jr., Bankruptcy Judge.

We have before us a motion to dismiss a third party complaint filed by the third party defendant, Sidney L. Schiro. Mr. Schiro claims that joinder of him as a third party defendant in this adversary proceeding is improper under Federal Rule of Civil Procedure 14(a). Fed.R.Civ.P. 14. He also challenges the jurisdiction of this Court to hear the subject matter of the third party complaint under Marathon.<...

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