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SIBARIUM v. NCNB TEXAS NAT. BANK

Civ. A. No. 3-89-0469-H.

107 B.R. 108 (1989)

Alan D. SIBARIUM, Trustee for Debtor, R.F.D., Inc. and Collecting Bank, N.A. (successor in interest to First City Bank—Valley View) Plaintiffs, v. NCNB TEXAS NATIONAL BANK and FDIC as Receiver for First Republic Bank—Dallas, Defendants.

United States District Court, N.D. Texas, Dallas Division.

November 2, 1989.

Attorney(s) appearing for the Case

Marvin R. Mohney and G. Michael Curran, Akin Gump Strauss Hauer & Feld, Dallas, Tex., for plaintiffs.

William Frank Carroll and Joseph W. Coleman, Dallas, Tex., for defendants.

MEMORANDUM OPINION AND ORDER

SANDERS, District Judge.

Before the Court is Defendants' Motion to Withdraw the Reference, filed February 16, 1989; Plaintiffs' Brief in Opposition, filed May 30, 1989; Defendants' Reply, filed June 12, 1989; and a letter from Defendants containing supplemental authority, received by this Court July 27, 1989.

I. BACKGROUND OF THE BANKRUPTCY

Designer Fragrances, Inc. ("Designer") was a wholesale distributor of...

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