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IN RE ST. MARY HOSP.

Bankruptcy No. 88-11421S, Adv. No. 89-1037S, Misc. No. 90-0082.

115 B.R. 495 (1990)

In re ST. MARY HOSPITAL, Debtor. Louis W. SULLIVAN, M.D., Secretary of Health and Human Services v. Roger B. HISER, Trustee.

United States District Court, E.D. Pennsylvania.

As Amended May 17, 1990.

Attorney(s) appearing for the Case

Virginia R. Powel, Asst. U.S. Atty., Philadelphia, Pa., for Secretary.

David S. Fishbone, Ciardi, Fishbone & DiDonato, Philadelphia, Pa., for St. Mary.

Mark H. Gallant, Philadelphia, Pa., for trustee.

MEMORANDUM AND ORDER

DITTER, District Judge.

Contending there is no federal jurisdiction over the claims involved, the Secretary of Health and Human Services seeks mandatory withdrawal of the automatic reference to the bankruptcy court of a counterclaim and request for turnover filed by the debtor's trustee. The Secretary's motion for mandatory withdrawal of the bankruptcy reference under 28 U.S.C. § 157(d) will be granted for the reasons that follow...

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