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IN RE ROBERTS CARRIER CORP.

No. 3:93-0731.

164 B.R. 601 (1994)

In re ROBERTS CARRIER CORPORATION, Debtor. Paul E. JENNINGS, Trustee, Plaintiff-Appellee, v. TAMAQUA CABLE PRODUCTS CORP., Defendant-Appellant, and United States of America, Intervenor-Appellant.

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

Order and Memorandum February 23, 1994.

Attorney(s) appearing for the Case

Phillip Lester North and Michael F. Jameson, North, Pursell & Ramos, Nashville, TN, for defendant-appellant.

David O. Buchholz and Theodore C. Hirt, Dept. of Justice, Civ. Div., Washington, DC, for intervenor-appellant.

Paul Jennings, Trustee, pro se; Jennings, Lane & Ramer, Nashville, TN, for plaintiff-appellee.

ORDER

WISEMAN, District Judge.

While an appeal was pending from the Bankruptcy Judge's decision and judgment in this adversary proceeding, the trustee filed a motion to dismiss the underlying action. After hearing and notice, the Bankruptcy Judge has granted the motion to dismiss. Before this Court now is a motion by the intervenor-appellant United States of America to vacate the judgment which has now been rendered moot by the dismissal. The Bankruptcy...

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