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IN RE FUTURA INDUSTRIES, INC.

Bankruptcy No. 86-02470G, Adv. No. 86-1298G.

69 B.R. 831 (1987)

In re FUTURA INDUSTRIES, INC. Debtor. U.I.U. HEALTH AND WELFARE FUND BY John H. SEREMBUS, Chairman and Trustee Ad Litem and U.I.U. Pension Trust by John H. Serembus, Chairman and Trustee Ad Litem Plaintiffs, v. Alan LEVIT, President and Don Di Mascio, Jr., Vice President Defendants.

United States Bankruptcy Court, E.D. Pennsylvania.

As Amended February 9, and February 13, 1987.

Attorney(s) appearing for the Case

Lawrence J. Tabas, Philadelphia, Pa. for debtor, Futura Industries, Inc.

T. Michael Poxon, Philadelphia, Pa. for plaintiff, U.I.U. Health and Welfare Fund, et al.

Alan L. Butkovitz, Charen and Goldberg, Philadelphia, Pa., for defendant, Alan Levit.

Nicholas Tanarella, Philadelphia, Pa., for the defendant, Don Di Mascio, Jr.

OPINION

BRUCE FOX, Bankruptcy Judge:

Before me in this adversary proceeding is plaintiffs' motion to abstain, pursuant to 28 U.S.C. § 1334(c)(2), from a proceeding removed from the Philadelphia Court of Common Pleas. For the reasons set forth below, I will recommend to the district court that this matter be transferred back to state court for resolution.

I.

On February 21, 1986, John H. Serembus, acting on behalf of The Upholsterers...

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