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IN RE M. PAOLELLA & SONS, INC.

Bankruptcy No. 86-00495F, Adv. No. 87-1007F.

85 B.R. 965 (1988)

In re M. PAOLELLA & SONS, INC., Debtor. The AMERICAN CIGAR COMPANY, the American Tobacco Company, Lorillard, Inc.; Philip Morris Incorporated; and R.J. Reynolds Tobacco Company, Plaintiffs, v. MNC COMMERCIAL CORP., Maryland National Bank, and Larry Waslow, Trustee, Defendants.

United States Bankruptcy Court, E.D. Pennsylvania.

May 11, 1988.

Attorney(s) appearing for the Case

Arthur E. Newbold, Kathleen Milsark, Jennifer M. Anderson, Dechert, Price & Rhoads, Philadelphia, Pa., for plaintiffs, The American Cigar Co., Lorillard, Inc., The American Tobacco Co., Philip Morris, Inc., and R.J. Reynolds Tobacco Co.

Richard M. Jordan, Jack B. Justice, Paul A. Patterson, White and Williams, Philadelphia, Pa., for defendants, MNC Commercial Corp. and Maryland Nat. Bank.

Kevin Walsh, Adelman Lavine Gold & Levin, Philadelphia, Pa., for defendant/trustee, Larry Waslow.

MEMORANDUM OPINION

BRUCE I. FOX, Bankruptcy Judge:

Plaintiffs in this adversary proceeding have filed a five count complaint against three defendants, one of whom is the trustee. Two of the defendants, MNC Commercial Corporation and Maryland National Bank have filed a joint motion to dismiss, pursuant to Bankr.Rule 7012(b), raising questions concerning subject matter jurisdiction as well as standing. This motion has been thoroughly briefed and argued and...

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