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IN RE McMAHON BOOKS, INC.

Bankruptcy No. 93-780. Adv. No. A-93-157.

173 B.R. 868 (1994)

In re McMAHON BOOKS, INC., Debtor. McMAHON BOOKS, INC., Plaintiff, v. NEW CASTLE ASSOCIATES, et al., Defendants.

United States Bankruptcy Court, D. Delaware.

November 1, 1994.

Attorney(s) appearing for the Case

L. Vincent Ramunno, Ramunno & Ramunno, Wilmington, DE, Paul J. Wintherhalter, D. Ethan Jeffery, Ciardi & DiDonato, Philadelphia, PA, for McMahon Books, Inc.

Michael S. Silberman, Silberman, Markovitz & DiFilippo, Philadelphia, PA, for New Castle Associates, et al.

PETER J. WALSH, Bankruptcy Judge.

INTRODUCTION

Before the court is a motion by Defendants New Castle Associates, et al. to dismiss the Complaint filed by Plaintiff-Debtor McMahon Books, Inc. Plaintiff seeks declaratory relief pursuant to 28 U.S.C. § 2201,1 injunctive relief pursuant to 11 U.S.C. § 105(a),2 and relief pursuant to the Delaware Landlord-Tenant Code, 25 Del...

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