IN RE GENERAL COFFEE CORP.

No. 84-5737.

758 F.2d 1406 (1985)

In re GENERAL COFFEE CORP., Debtor. CITY NATIONAL BANK OF MIAMI & City National Bank Corporation, Plaintiffs-Appellants, Cross-Appellees, v. GENERAL COFFEE CORP., Defendant-Appellee, Cross-Appellant, Shawmut Boston International Banking Corporation, Intervenor-Appellee.

United States Court of Appeals, Eleventh Circuit.

April 3, 1985.


Attorney(s) appearing for the Case

Alan J. Kluger, Law Offices of Alan J. Kluger, David Levine, Finley, Kumble, Wagner, Heine, Underberg, Manley & Casey, Miami, Fla., for General Coffee Corp.

R. Thomas Farrar, Holland & Knight, Miami, Fla., Joseph B. Manello, Michael J. Pappone, Goldstein & Manello, Boston, Mass., for Shawmut Boston Intern. Banking Corp.

Michael R. Josephs, Haddad, Josephs & Jack, Robert Schatzman, Schatzman & Schatzman, Coral Gables, Fla., Burt Hellman, Arthur J. England, Jr., Fine, Jacobson, Block, England, Klein, Colan & Simon, Miami, Fla., for City Nat. Bank of Miami and City Nat. Bank Corp.

Before RONEY, FAY and JOHNSON, Circuit Judges.


BY THE COURT:

The bankruptcy court, 41 B.R. 781 (1984), dismissed the complaint of the creditors, City National Bank of Miami and City National Bank, against the debtor, General Coffee Corporation. The parties consented to the direct appeal of the dismissal order under 28 U.S.C.A. § 1293(b) of the 1978 Bankruptcy Code. Congress, however, superseded the old Act's section 1293(b) direct appeal provision by enacting sections 104(a...

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