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IN RE GOLDEN DISTRIBUTORS, LTD.

Bankruptcy Nos. 90-B-21146 to 90-B-21149, 90 Adv. 6178 and 90 Adv. 6179.

128 B.R. 342 (1991)

In re GOLDEN DISTRIBUTORS, LTD., and Capital Cigar and Tobacco Company, Incorporated, et al., Debtors. GOLDEN DISTRIBUTORS, LTD. d/b/a Golden-Capital Distributors, Plaintiff, v. Bernard REISS and Harold Levinson Associates, Inc., Defendants. GOLDEN DISTRIBUTORS, LTD. d/b/a Golden-Capital Distributors, Plaintiff, v. Allan FEIG, Arthur DiLorenzo and Harold Levinson Associates, Inc., Defendants.

United States Bankruptcy Court, S.D. New York.

June 11, 1991.

Attorney(s) appearing for the Case

Summit Rovins Feldesman, New York City, (John L. Ambile, and Andrew E. Westly, of counsel), for debtors.

Shea & Gould, New York City, (Merrye Piltz Schindler, and Alyson M. Weiss, of counsel), for Harold Levinson Associates, Inc.

Tananbaum & Sibener, Commack, N.Y., for Arthur DiLorenzo.

Richard V. Rappaport, Great Neck, N.Y., for Bernard Reiss.

Jacoby & Meyers, Brooklyn, N.Y. (Gregory Messer, of counsel), for Allan Feig.

DECISION ON MOTIONS FOR DISMISSAL OF COMPLAINT OR FOR ABSTENTION

HOWARD SCHWARTZBERG, Bankruptcy Judge.

The defendants in these consolidated adversary proceedings have moved for an order pursuant to Bankruptcy Rule 7012(b) and Fed.R.Civ.P. 12(b)(6) dismissing the complaints filed by the debtor, Golden Distributors, Ltd. d/b/a Golden Capital Distributors, for failure to state a claim upon which relief can be granted. Alternatively, the defendants request...

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