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IN RE WEDTECH CORP.

No. 87 Civ. 4967 (LBS), Bankruptcy No. 86 B 12366 (HCB), Adv. No. 87-5568-A.

81 B.R. 237 (1987)

In re WEDTECH CORP., f/k/a Welbilt Electronics Die, Debtor. In re WEDTECH CORP., f/k/a Welbilt Electronics Die Corp., Debtor. WEDTECH CORP., f/k/a Welbilt Electronics Die, Corp., Plaintiff, v. R. Kent LONDON, M.D., International Financial Consulting and Investments, Inc., W. Franklyn Chinn and Financial Management International Inc., Defendants.

United States District Court, S.D. New York.

November 18, 1987.

Attorney(s) appearing for the Case

Pollner, Mezan, Stolzberg, Berger & Glass, P.C., and Angel & Frankel, New York City, for plaintiff Wedtech Corp.; Richard S. Mezan, Edith M. Futeras, of counsel.

Latham & Watkins (Robert J. Rosenberg, James E. Brandt, of counsel), New York City and Howard, Rice, Nemerovski, Canady, Robertson & Falk, San Francisco, Cal. (Alan W. Sparer, Barbara A. Winters, of counsel), for defendants.

SAND, District Judge.

In deciding this motion by the defendants to withdraw the reference of the Wedtech bankruptcy claims against W. Franklyn Chinn, Financial Management International, Inc., R. Kent London, and International Financial Consulting and Investments, Inc. to the bankruptcy court, we must consider whether withdrawal under 28 U.S.C. § 157(d) is mandatory, discretionary, or not available here. It is the opinion...

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