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IN RE RUBIN BROS. FOOTWEAR, INC.

No. 83 Civ. 6910 (SWK).

73 B.R. 346 (1987)

In re RUBIN BROS. FOOTWEAR, INC., a New York Corporation, Debtor. In re RUBIN BROS. FOOTWEAR, INC., a Georgia Corporation, Debtor. RUBIN BROS. FOOTWEAR, INC., a New York Corporation, Rubin Bros. Footwear, Inc., a Georgia Corporation, Elliot Rubin and Cyrus Rubin, Plaintiffs, v. CHEMICAL BANK, Louis A. "Buddy" Solomon and Sanford Astarita, Defendants.

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

April 10, 1987.

Attorney(s) appearing for the Case

Contino, Ross & Benedict, Sp. Counsel by George R. Hirsch, New York City, Ravin & Kesselhat, Counsel by David N. Ravin, West Orange, N.J., for Rubin Bros. Footwear, Inc. (a New York Corp.), and Rubin Bros. Footwear, Inc. (a Georgia Corp.).

Robert S. Levy, P.C. by Larry N. Stopol, New York City, for Cyrus Rubin and Elliot Rubin.

Davis, Markel, Dwyer & Edwards by David Dunn, New York City, for Louis A. Solomon.

Cravath Swaine & Moore by Robert F. Mullen, Jeffrey S. Facter, Ottenburg, Steindler, Houston & Rosen by Glenn B. Rice, New York City, for Chemical Bank and Sandford Astarita.

KRAM, District Judge.

This case is currently before this Court on defendants' motion to remand the action to Bankruptcy Court and alternatively to dismiss the complaint pursuant to Rules 12(b)(6), 9(b), and 12(b)(1) of the Federal Rules of Civil Procedure for failure to state a claim upon which relief can be granted, failure to plead fraud with particularity, and on the ground that the Court lacks jurisdiction over plaintiffs' state law claims.

The plaintiffs...

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