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IN RE GOERG

No. 90-8680.

930 F.2d 1563 (1991)

In re Dr. Klaus Hubert GOERG, as Trustee in Bankruptcy for the Estate of Heinz Guenter Kaussen, pursuant to the laws of the Federal Republic of Germany, Debtor. Dr. Klaus Hubert GOERG, as Trustee in Bankruptcy for the Estate of Heinz Guenter Kaussen, pursuant to the laws of the Federal Republic of Germany, Appellant, v. Edgardo L. PARUNGAO, John F. Sampson, Dr. Bruno M. Kubler, Bayerische Hypotheken-Und Wechsel-Bank AD, and James R. Kanner, Guardian Ad Litem for the Minor Child, Eva Marie Kaussen, Appellees.

United States Court of Appeals, Eleventh Circuit.

May 13, 1991.

Attorney(s) appearing for the Case

Dennis S. Meir, Kilpatrick & Cody, Thomas C. Shelton, Mary Lillian Walker, Robert E. Shields, Doffermyre, Shields & Canfield, Atlanta, Ga., for appellant.

Michael D. Pinsky, Macey, Wilensky, Cohen, Wittner, and Kessler, Atlanta, Ga., for Dr. Bruno M. Kubler.

C. David Butler, Alston & Bird, R. Lee Brooks, Atlanta, Ga., for John F. Sampson, Adm'r.

Eric W. Anderson, Powell, Goldstein, Frazer & Murphy, E. Penn Anderson, Atlanta, Ga., C. Douglas Floyd, Pillsbury, Madison & Sutro, Bruce A. Ericson, San Francisco, Cal., for Bayerische Hypotheken-Und Weschsel-Bank AD.

Before JOHNSON and COX, Circuit Judges, and HENDERSON, Senior Circuit Judge.

JOHNSON, Circuit Judge:

Appellant-trustee Klaus Hubert Goerg appeals the district court's finding that the bankruptcy court had the authority to enter an unreviewable abstention order pursuant to 11 U.S.C. § 305(c).

I. STATEMENT OF THE CASE

A. Background Facts

This case involves the administration of the estate of Heinz Guenter Kaussen, a citizen of West Germany, who died in April 1985 leaving liabilities of approximately $55...

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