IN RE NOTCHCLIFF ASSOCIATES

Bankruptcy No. 88-5-1913-JS, Adv. No. A90-0328-JS.

139 B.R. 361 (1992)

In re NOTCHCLIFF ASSOCIATES, Debtor. The COMMERCIAL BANK, Plaintiff, v. Chester L. PRICE and Richard D. Poteet, Defendants.

United States Bankruptcy Court, D. Maryland.

April 14, 1992.


Attorney(s) appearing for the Case

Mark J. Friedman, Piper & Marbury, Kerry L. Weil, Frank, Bernstein, Conaway & Goldman, Jeffrey S. Getty, Goodell, DeVries, Leach & Gray, Baltimore, Md., for plaintiff/counter defendant, The Commercial Bank.

F. Thomas Rafferty, Blum, Yumkas, Mailman, Gutman & Denick, Baltimore, Md., for defendants, Chester L. Price and Richard D. Poteet.

Richard L. Wasserman, Rochelle B. Fowler, Venable, Baetjer & Howard, Baltimore, Md., trustee.


MEMORANDUM OPINION DISMISSING COMPLAINT FOR WANT OF SUBJECT MATTER JURISDICTION

JAMES F. SCHNEIDER, Bankruptcy Judge.

The issues presented by the filing of this complaint in the bankruptcy court are (1) whether the plaintiff has been properly designated as a representative of the bankruptcy estate to bring suit in this forum and concomitantly (2) whether the cause of action stated in the complaint has a sufficient...

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