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IN RE PIONEER INV. SERVICES CO.

Nos. 90-5766, 90-6578.

946 F.2d 445 (1991)

In re PIONEER INVESTMENT SERVICES COMPANY, Debtor. The CAIN PARTNERSHIP, LTD., Plaintiff-Appellant, v. PIONEER INVESTMENT SERVICES COMPANY, Fleet National Bank, First National Bank of Louisville and First Tennessee Bank National Association, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided September 18, 1991.

As Amended October 28, 1991.

Rehearing and Rehearing Denied December 19, 1991.

Attorney(s) appearing for the Case

Larry E. Parrish (argued and briefed), Parrish, Shaw & Brandon, Memphis, Tenn., for plaintiff-appellant.

Craig J. Donaldson (argued and briefed), Riker, Danzig, Scherer, Hyland & Perretti, Morristown, N.J., for Pioneer Inv. Services Co.

William R. O'Bryan, Jr. (argued and briefed), Anita L. Whisnant, Trabue, Sturdivant & DeWitt, Nashville, Tenn., for Fleet Nat. Bank.

Thomas R. Stinnett, Jr. (argued and briefed), Stone & Hinds, Knoxville, Tenn., for First Nat. Bank of Louisville.

David E. Fielder (argued and briefed), Heiskell, Donelson, Bearman, Adams, Williams & Kirsch, Knoxville, Tenn., for First Tennessee Bank Nat. Ass'n.

Before KENNEDY and MILBURN, Circuit Judges, ZATKOFF, District Judge.

Rehearing and Rehearing En Banc Denied December 19, 1991.

KENNEDY, Circuit Judge.

Appellant appeals from the District Court's affirmance of the Bankruptcy Court's order denying appellant's motion for relief from an automatic stay and granting debtor's motion for approval of assumption of an unexpired lease. Two issues are presented to this Court: 1) whether the Bankruptcy Court and District Court had subject matter jurisdiction to adjudicate these motions...

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