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IN RE CONEJO ENTERPRISES, INC.

Nos. 94-56702, 94-56705.

71 F.3d 1460 (1995)

In re CONEJO ENTERPRISES, INC., Debtor (Two Cases). BENEDOR CORPORATION, Plaintiff-Appellee, v. CONEJO ENTERPRISES, INC., Defendant-Appellant, Ronald L. Durkin, Chapter 11 Trustee, on behalf of Conejo Enterprises, Inc., Appellant. BENEDOR CORPORATION, Plaintiff-Appellee, v. CONEJO ENTERPRISES, INC., Defendant, and Western Waste Industries, Appellant.

United States Court of Appeals, Ninth Circuit.

Decided December 6, 1995.

Attorney(s) appearing for the Case

Sara Pfrommer, Sheppard, Mullin, Richter & Hampton, Los Angeles, California, for appellant Western Waste Industries.

Thomas C. Given, Murphy, Weir & Butler, Los Angeles, California, for appellant Ronald L. Durkin, Trustee.

Gerald M. Etchingham, Nordman, Cormany, Hair & Compton, Oxnard, California, for appellee.

Before: FLETCHER, BRUNETTI, and T.G. NELSON, Circuit Judges.

Opinion by Judge T.G. NELSON; Dissent by Judge FLETCHER.

T.G. NELSON, Circuit Judge:

OVERVIEW

Ronald L. Durkin, the trustee in bankruptcy, and Western Waste Industries, a creditor in bankruptcy, (collectively "the appellants") appeal the district court's mandatory abstention, pursuant to 28 U.S.C. § 1334(c)(2), from a pre-petition state action brought by Benedor Corporation (Benedor) against the debtor...

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