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IN RE STEPHEN SMITH HOME FOR THE AGED, INC.

Misc. No. 87-0455, Bankruptcy 85-05124F, Adv. No. 86-0626F.

80 B.R. 678 (1987)

In re STEPHEN SMITH HOME FOR THE AGED, INC., Debtor. STEPHEN SMITH HOME FOR THE AGED, INC., Plaintiff, v. MERCY DOUGLASS CENTER, INC., Mellon Bank (East), N.A., First Pennsylvania Bank, N.A., Provident National Bank, Fidelity Bank, Leroy S. Zimmerman, Attorney General of Pennsylvania and John Doe, Defendants.

United States District Court, E.D. Pennsylvania.

December 10, 1987.

Attorney(s) appearing for the Case

Jonathan H. Ganz, Pincus, Verlin, Hahn & Reich, Philadelphia, Pa., for plaintiff, Stephen Smith Home for the Aged.

Jay Ochroch, Fox, Rothschild, O'Brien & Frankel, Philadelphia, Pa., for defendant, Mercy-Douglass Center, Inc.

James F. Monteith, Dilworth, Paxson, Kalish & Kauffman, Philadelphia, Pa., for defendant, Mellon Bank (East).

John F. Meigs, Wayne B. Weisman, Saul, Ewing, Remick & Saul, Philadelphia, Pa., for defendants, First Pa. Bank and Provident Nat. Bank.

Robert W. Rowan, Media, Pa., for defendant, Fidelity Bank.

Lawrence Barth, Deputy Atty. Gen. of Pa., Philadelphia, Pa., for defendant.

ORDER

LUDWIG, District Judge.

AND NOW, this 8th day of December, 1987, after independent review of the recommendation and opinion in support thereof of United States Bankruptcy Judge Bruce Fox, it is ORDERED that:

1. The opinion is approved and adopted.

2. The motion to abstain is granted. The bankruptcy court will therefore not hear the debtor's complaint for declaratory judgment and for accounting. 28 U.S.C. § 1334(c)(1). See In...

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