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IN RE WISSEL & SONS CONST. CO., INC.

Bankruptcy Nos. 89-05107, 89-07708, Adv. Nos. 89-2050, 89-2049.

160 B.R. 48 (1993)

In re WISSEL & SONS CONSTRUCTION CO., INC., Debtor. WISSEL & SONS CONSTRUCTION CO., INC., Plaintiff, v. The HOWARD SAVINGS BANK, Defendant. In re Conrad WISSEL, III and Beatrice Wissel, Debtors. Conrad WISSEL, III and Beatrice Wissel, Plaintiffs, v. The HOWARD SAVINGS BANK, Defendant.

United States Bankruptcy Court, D. New Jersey.

September 16, 1993.

Attorney(s) appearing for the Case

McElroy, Deutsch & Mulvaney, by Vincent E. Reilly, Morristown, NJ, for debtors.

Connell, Foley & Geiser, by Kevin R. Gardner, Roseland, NJ for the F.D.I.C. as Receiver for the Howard Sav. Bank.

OPINION

ROSEMARY GAMBARDELLA, Bankruptcy Judge.

Before this Court is a Motion of the Federal Deposit Insurance Corporation in its capacity as Receiver for the Howard Savings Bank (the "FDIC") to Dismiss the Complaints of Wissel & Sons Construction Company, Inc. (the "Debtor") and the Debtors, Conrad Wissel, III and Beatrice Wissel (the "Wissels") for Lack of Subject Matter Jurisdiction pursuant to Federal Rule of Civil Procedure 12(b) as incorporated...

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