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IN RE OMNI CAPITAL GROUP, LTD.

Bankruptcy No. 92-31633-BKC-RAM. Adv. No. 93-1262-BKC-RAM-A.

163 B.R. 607 (1994)

In re OMNI CAPITAL GROUP, LTD., d/b/a Omni Capital Group, Inc., of New Jersey, Debtor. Jack STEIN, as Trustee of the Estate of Omni Capital Group, Ltd., Plaintiff, v. John P. GREENBERG, Defendant.

United States Bankruptcy Court, S.D. Florida.

February 11, 1994.

Attorney(s) appearing for the Case

Marc J. Gottlieb, Tew & Garcia-Pedrosa, Miami, FL, for Trustee Jack Stein.

Michael E. Marr, Baltimore, MD, for defendant John P. Greenberg.

ORDER GRANTING TRUSTEE'S MOTION TO STRIKE DEFENDANT'S DEMAND FOR A JURY TRIAL

ROBERT A. MARK, Bankruptcy Judge.

The plaintiff Trustee in this adversary proceeding filed a Motion To Strike Defendant's Demand For A Jury Trial (the "Motion to Strike"). The sole issue presented is whether, by filing a proof of claim in this bankruptcy case, the Defendant waived his right to a jury trial on all counts of the complaint.

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