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IN RE FINEVEST FOODS, INC.

Bankruptcy Nos. 91-614-BKC-3P1 to 91-619-BKC-3P1, Adv. No. 91-3303.

143 B.R. 964 (1992)

In re FINEVEST FOODS, INC., et al., Debtors. LAND-O-SUN DAIRIES, INC., Plaintiff, v. FLORIDA SUPERMARKETS, INC., d/b/a Pantry Pride, Defendant. United States of America, Intervenor.

United States Bankruptcy Court, M.D. Florida, Jacksonville Division.

August 19, 1992.

Attorney(s) appearing for the Case

Raymond R. Magley, Smith, Hulsey & Busey, Jacksonville, Fla., for plaintiff.

Raymond C. Farfante, Jr., Rumberger, Kirk, Caldwell & Wechsler, P.A., Tampa, Fla., for defendant.

John T. Stemplewicz, Civ. Div., Dept. of Justice, Washington, D.C., for U.S.

MEMORANDUM OPINION

GEORGE L. PROCTOR, Bankruptcy Judge.

On December 20, 1991, plaintiff filed a complaint to recover money or property from defendant. Defendant responded by filing a Motion to Dismiss challenging the constitutionality of 28 U.S.C. § 157(b). This Court issued an Order on February 25, 1992, certifying the challenge of 28 U.S.C. § 157 to the United States Attorney General as required under...

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