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IN RE SMEC, INC.

No. 2:92-0095.

160 B.R. 86 (1993)

In re SMEC, INC., Debtor. Susan R. LIMOR, Trustee, Plaintiff, v. WEINSTEIN & SUTTON et al., Defendants.

United States District Court, M.D. Tennessee, Northeastern Division.

October 27, 1993.

Attorney(s) appearing for the Case

Roy Clarence DeSha, Jr., Crocker & DeSha, Nashville, TN, F. Dean Armstrong, Flossmoor, IL, for Susan R. Limor.

Joyce M. Grimes, Ortale, Kelley, Herbert & Crawford, Nashville, TN, for Weinstein & Sutton & Louis Weinstein.

Raymond Dale Bay, Maria M. Salas, Lewis, King, Krieg & Waldrop, Nashville, TN, for Ezra Sutton.

MEMORANDUM

WISEMAN, District Judge.

Before the court are the defendants' motions for summary judgment. To decide these motions, the court must decide whether a federal district court sitting pursuant to its bankruptcy jurisdiction must apply the choice of law provision of the forum state or whether it may make an independent choice of law. It is this court's conclusion that the forum state's choice of law provision is not binding in such a case, but rather...

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