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IN RE EL PASO PHARM, INC.

Bankruptcy No. 91-30500-C, Adv. No. 91-3022.

130 B.R. 492 (1991)

In re EL PASO PHARM, INC., Debtor. McKESSON CORPORATION, Plaintiff, v. EL PASO PHARM, INC. d/b/a City Discount Drugs, David Ontiveros, Simon Holguin, Laura Holguin, Manuel Hernandez, Jr. and Terry Lynn Hernandez, Defendants.

United States Bankruptcy Court, W.D. Texas, El Paso Division.

July 29, 1991.

Attorney(s) appearing for the Case

Leslie M. Luttrell, Ginnings Birkelbach Keith & Delgado, El Paso, Tex., for El Paso Pharm, Inc.

Hal F. Morris, Bernard D. Felsen, Scott, Hulse, Marshall, Feuille, Finger & Thurmond, P.C., El Paso, Tex., for McKesson Corp.

DECISION ON MOTION TO REMAND

LEIF M. CLARK, Bankruptcy Judge.

CAME ON for hearing the motion of debtor to remand this proceeding to state court, and the response thereto of McKesson Corporation. The court enters this decision pursuant to 28 U.S.C. § 1452(b) as amended in 1990.1

McKesson originally filed this lawsuit in state court, prior to the bankruptcy petition, in an attempt to collect on promissory note. In...

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