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PRUDENTIAL INS. CO. OF AMERICA v. COLONY SQUARE CO.

Bankruptcy No. 84-01325A, Adv. No. C83-2503A

40 B.R. 603 (1984)

In re PRUDENTIAL INSURANCE COMPANY OF AMERICA, Plaintiff, v. COLONY SQUARE COMPANY, Defendant.

United States Bankruptcy Court, N.D. Georgia, Atlanta Division.

March 26, 1984.

Attorney(s) appearing for the Case

Frank Bird, Jr., R. Neal Batson, Atlanta, Ga., for Prudential.

Larry Bogart, Jerry Blackstock, Atlanta, Ga., for Colony Square.

E. Penn Nichalson, Atlanta, Ga., for Committee of Unsecured Creditors.

Thomas R. Johnson, Pittsburgh, Pa., for Committee of holders of Partnership Interests.

MEMORANDUM OPINION

HUGH ROBINSON, Bankruptcy Judge.

This matter is before the court on a pending Motion to Dismiss filed by Prudential Insurance Company of America ("Prudential"). Prudential seeks to dismiss a Chapter 11 petition filed by Colony Square Company ("CSC") in the bankruptcy court of Pennsylvania.

FINDINGS OF FACT

Prior to 1975, Prudential loaned large sums of money to CSC for the construction of a complex called "Colony Square...

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