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IN RE FAIRCHILD AIRCRAFT CORP.

Bankruptcy No. 90-50257. Adv. No. 94-5113.

184 B.R. 910 (1995)

In re FAIRCHILD AIRCRAFT CORPORATION, Debtor. FAIRCHILD AIRCRAFT INCORPORATED, Plaintiff, v. Barbara M. CAMBELL, Individually and as Administratrix of the Estate of Charles E. Cambell, Deceased, Yvonne C. Brooks, Individually and as Administratrix of the Estate of Markvan B. Brooks, Deceased, and R.H. Brooks, Individually, Insurance Company of North America, Eastern Foods, Inc., Hooters of America, Inc., Joan W. Duncan, Individually and as Personal Representative of the Estate of G. Dan Duncan, Defendants.

United States Bankruptcy Court, W.D. Texas, San Antonio Division.

July 6, 1995.

Attorney(s) appearing for the Case

James A. Hoffman, Clemens and Spencer, San Antonio, TX, Donald R. Anderson, Dennis M. Hill, Phillip G. Pampillo, Drew Eckel & Farnham, Atlanta, GA, for defendants Ins. Co. of North America, Eastern Foods, Inc. and Hooters of America, Inc.

John A. Hagins, Covington, Patrick, Hagins & Lewis, Greenville, SC, for defendant Joan W. Duncan.

Andrew M. Scherffius, Atlanta, GA, for defendant Barbara M. Cambell.

David William Boone, Atlanta, GA, for defendant Yvonne C. Brooks.

Deborah D. Williams, Cox & Smith, Inc., San Antonio, TX, Mark T. MacNamec, Thomas Dundon, Neal & Harwell, Nashville, TN, Geoffrey C. Hazard, Jr., Elizabeth Warren, University of Pennsylvania Law School, Philadelphia, PA, for plaintiff Fairchild Aircraft Corp.

AMENDED* MEMORANDUM DECISION ON CROSS-MOTIONS FOR SUMMARY JUDGMENT

LEIF M. CLARK, Bankruptcy Judge.

CAME ON for consideration the foregoing matter. Fairchild Aircraft Incorporated ("FAI") filed its Complaint for Declaratory and Injunctive Relief in the bankruptcy case of Fairchild Aircraft Corporation ("FAC"). Defendants moved for dismissal for lack of subject matter jurisdiction and failure to state a...

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