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IN RE ERIE HILTON JOINT VENTURE

Bankruptcy No. 89-00571E, Adv. No. 91-0091.

145 B.R. 215 (1992)

In re ERIE HILTON JOINT VENTURE, a Pennsylvania Limited Partnership doing business as the Quality Hotel Plaza, Debtor. OFFICIAL UNSECURED CREDITORS' COMMITTEE OF ERIE HILTON JOINT VENTURE, Plaintiff, v. William SISKIND, Consolidated Management, Inc., Leon Levitsky, Henry Fensterwald, Arvin E. Rosen, Herman Rubin, Bernice Hutzler, and Maurice Wyatt, Defendants.

United States Bankruptcy Court, W.D. Pennsylvania.

September 23, 1992.

Attorney(s) appearing for the Case

Lawrence C. Bolla, Erie, Pa., for Official Unsecured Creditors' Committee.

John Martin Klein, Baltimore, Md., and Guy C. Fustine, Erie, Pa., for Herman Rubin.

Gary V. Skiba, Erie, Pa., for William Siskind and Consolidated Management, Inc.

Charles D. Agresti, Erie, Pa., for Arvin S. Rosen, Leon Levitsky and Maurice Wyatt.

James H. Richardson and Harry D. Martin, Erie, Pa., for debtor.

Philip B. Friedman, Erie, Pa., for Bernice Hutzler.

John Martin Klein, Baltimore, Md., for Henry Fensterwald.

OPINION

WARREN W. BENTZ, Bankruptcy Judge.

Introduction

In an Opinion dated March 6, 1992, on Motions to Dismiss the within Complaint to Compel Turnover of Property of the Estate ("Complaint"), we determined that subject matter jurisdiction is proper in this Court; that the Official Unsecured Creditors' Committee ("Committee") has standing to bring the Complaint; and that the Complaint states a claim upon which relief can be granted.

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