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MATTER OF SUMMIT RIDGE APARTMENTS, LTD.

Bankruptcy No. 87-10730, Adv. No. 88-0078.

104 B.R. 405 (1989)

In the Matter of SUMMIT RIDGE APARTMENTS, LTD., Debtor. SUMMIT RIDGE APARTMENTS, LTD., an Alabama Limited Partnership, Plaintiff, Honorato M. Aguila, et al., Limited Partners of Summit Ridge Apartments, Ltd., an Alabama Limited Partnership, Intervenors, v. SUMMIT RIDGE ASSOCIATES, a Georgia Limited Partnership; Hobar Group, Inc., Defendants.

United States Bankruptcy Court, N.D. Alabama, S.D.

July 7, 1989.

Attorney(s) appearing for the Case

Thomas E. Reynolds, Birmingham, Ala., for Summit Ridge, Ltd.

Leon M. Capouano, Montgomery, Ala., for Summit Ridge Associates & Hobar Group.

Charles L. Denaburg, Marvin E. Franklin, Birmingham, Ala., for Summit Ridge Apartments, Ltd.

John C. Coggin, III, and Frank Buck, Birmingham, Ala., for Limited Partner Investors of Debtor.

MEMORANDUM OPINION

CLIFFORD FULFORD, Bankruptcy Judge.

Presently before the court is the defendants' motion to dismiss a complaint filed by certain limited partners of the debtor/plaintiff who were allowed to intervene of right as party plaintiffs in this adversary proceeding. The defendants' motion to dismiss was coupled with an alternative motion to transfer this proceeding to district court due to the intervenors' assertion of non-bankruptcy federal and...

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