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IN RE CENTRAL ICE CREAM CO.

No. 86 C 8988, Bankruptcy No. 78 B 4820, Adv. No. 86 A 0535.

82 B.R. 933 (1987)

In re CENTRAL ICE CREAM COMPANY, Debtor. Richard J. IZDEBSKI, Plaintiff, v. CENTRAL ICE CREAM COMPANY, a corporation, and Thomas Cummings, Defendants. Thomas CUMMINGS, Third Party Plaintiff, v. Ben D. COTTEN, II, Cy Boroff, Jann, Carroll, Kruse and Sain Investment Partnership, Rico C. Paone and Frank Sense, Third Party Defendants.

United States District Court, N.D. Illinois, E.D.

December 31, 1987.

Attorney(s) appearing for the Case

Jerome Rotenberg, Norman L. Hafron, Rosenfeld, Rotenberg, Schwartzman, Hafron & Shapiro, Arnold A. Pagniucci, Nicholas Kitsos, Chicago, Ill., for plaintiff.

Schwartz, Cooper, Kolb & Gaynor, Karen Goodman, Norman A. Cohen, Chicago, Ill., for defendants.

MEMORANDUM OPINION AND ORDER

ZAGEL, District Judge.

This matter is an appeal from a final order of dismissal entered by the Bankruptcy Court for the Northern District of Illinois. Jurisdiction is invoked under 28 U.S.C. sec. 158 (Supp. II 1984) and Rules 8001 and 8002 of the Federal Bankruptcy Rules.

The bankruptcy court dismissed both Thomas Cummings' amended third party complaint and Richard Izdebski's complaint for lack of subject matter jurisdiction...

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