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MATTER OF D'LITES OF AMERICA, INC.

Bankruptcy No. A86-05785-WHD, Adv. Nos. 88-0288A, 88-0296A.

100 B.R. 612 (1989)

In the Matter of D'LITES OF AMERICA, INC., Debtor. D'LITES OF AMERICA, INC. and the Official Unsecured Creditors' Committee, Plaintiffs, v. WILLIAM BLAIR & COMPANY and Blair Venture Partners, Inc., Defendants. D'LITES OF AMERICA, INC. and the Official Unsecured Creditors' Committee, Plaintiffs, v. Douglas N. SHELEY and Jeffery D. Miller, Defendants.

United States Bankruptcy Court, N.D. Georgia, Atlanta Division.

May 23, 1989.

Attorney(s) appearing for the Case

Frank W. Scroggins, Scroggins & Brizendine, Atlanta, Ga., for Official Unsecured Creditors' Committee.

David A. Rabin, Frank W. DeBorde, Morris, Manning & Martin, Atlanta, Ga., for defendants, Douglas N. Sheley and Jeffery D. Miller.

E. Penn Nicholson, H. Elizabeth Baird, Powell, Goldstein, Frazer & Murphy, Atlanta, Ga., for defendants, William Blair & Co. and Blair Venture Partners, Inc.

ORDER

W. HOMER DRAKE, Jr., Bankruptcy Judge.

These consolidated adversary proceedings are before the Court on a motion filed by Douglas N. Sheley and Jeffery D. Miller, defendants in Adversary No. 88-0296A, which seeks the dismissal of the Official Unsecured Creditors' Committee ("Committee") as a plaintiff on the grounds that the Committee lacks standing and is not a real party in interest. Sheley and Miller filed their motion on March 14, 1989. On April...

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