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IN RE McFADYEN

No. 92-1011-WBS, No. CIV. S-92-1011 WBS.

145 B.R. 657 (1992)

In re John Rodney McFADYEN, SSN 571-80-2320, Donna McFadyen, SSN 518-90-6598, Debtors. John R. ROBERTS, Trustee of the Bankruptcy Estate of McFadyen, Plaintiff, v. William Sing MOCK et al., Defendants.

United States District Court, E.D. California.

September 30, 1992.

Attorney(s) appearing for the Case

Adleson, Hess, Christensen & Kelly, Patric J. Kelly, Duane W. Shewaga, San Jose, Cal., for defendants.

Jon L. Zitomer, Zitomer & Roberts, Cameron Park, Cal., for plaintiff.

OPINION

SHUBB, District Judge.

This is an appeal pursuant to 28 U.S.C. § 158(a) by William Sing Mock and Young Kay Mock in their individual capacities and as Trustees under a Trust Agreement dated September 4, 1984 (hereinafter "defendants") from an order of the United States Bankruptcy Court denying defendants' motion for mandatory abstention under 28 U.S.C. § 1334(c)(2).

I. BACKGROUND

In June of 1985, defendants engaged in an...

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