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IN RE PARKLANE/ATLANTA JOINT VENTURE

No. 89-8609.

927 F.2d 532 (1991)

In re PARKLANE/ATLANTA JOINT VENTURE, Debtor. PARKLANE HOSIERY COMPANY, INC., Plaintiff-Appellee, v. PARKLANE/ATLANTA VENTURE, Defendant, James D. Silvers, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

March 19, 1991.

Attorney(s) appearing for the Case

Frank B. Wilensky, Michael D. Pinsky, Macey, Wilensky, Cohen, Wittner & Kessler, Atlanta, Ga., for defendant-appellant.

James Peyton Smith, Jerome L. Kaplan, Arnall, Golden & Gregory, Atlanta, Ga., for plaintiff-appellee.

Before JOHNSON and HATCHETT, Circuit Judges, and SMITH, Senior Circuit Judge.

JOHNSON, Circuit Judge:

Defendant James D. Silvers ("Silvers") appeals from the district court's order withdrawing this proceeding from the bankruptcy court.

I. FACTS

A. Background

In 1981, Silvers and plaintiff Parklane Hosiery Company, Inc. ("the plaintiff") executed an agreement creating a joint venture known as the Parklane/Atlanta Joint Venture ("the joint venture"). Pursuant to this...

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