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IN RE CONTEMPORARY LITHOGRAPHERS, INC.

Nos. B-89-12022C-11; M-90-49, Adv. No. A-90-1125; 2:91CV00128, Adv. No. A-90-2129; 2:91CV00129.

127 B.R. 122 (1991)

In re: CONTEMPORARY LITHOGRAPHERS, INC., Debtor. CONTEMPORARY LITHOGRAPHERS, INC., Marshall M. Boon, Edith N. Boon, Daniel Laughhunn and Amy Laughhunn, Marjorie Boyd Boon, Dean Marion, James E. Marion and Effie A. Marion, Plaintiffs, v. Carl W. HIBBERT, Louis Kelly, and Foye Lee K. Beck, as personal representatives of the Estate of Angus Wilton Kelly, Deceased, Defendants. The ESTATE OF A. Wilton KELLY, By and Through Louis T. KELLY, Foye Lee K. Beck, and Carl W. Hibbert, Co-Executors, Plaintiff, v. Marshall M. BOON, Edith Read Boon, Dan L. Laughhunn, and Amy T. Laughhunn, Defendants.

United States District Court, M.D. North Carolina, Greensboro Division.

March 1, 1991.

Attorney(s) appearing for the Case

Lacy M. Presnell, III, Marjorie K. Lynch, Raleigh, N.C., for defendants in Adv. No. A-90-2115 and for plaintiffs in Adv. No. A-90-2129.

Edward L. Embree, III, Alesia Rae Alphin, Durham, N.C., for plaintiffs in Adv. No. A-90-2115 and for defendants in Adv. No. A-90-2129.

MEMORANDUM OPINION

BULLOCK, District Judge.

The issue before the court involves the circumstances under which the district court should, upon motion by a party, withdraw a case or proceeding from the bankruptcy court. The two proceedings involved are an action by the estate of the deceased seller of a now bankrupt business, Contemporary Lithographers, Inc. ("Contemporary"), to collect part of the purchase price from the purchasers, and a second suit by the...

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