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IN RE CHADWICK BAY HOTEL ASSOCIATES

Bankruptcy No. 94-12560 B. Adv. No. 94-1229 K.

178 B.R. 618 (1995)

In re CHADWICK BAY HOTEL ASSOCIATES, Debtor. CHADWICK BAY HOTEL ASSOCIATES, INC., et al., Plaintiffs, v. CITY OF DUNKIRK, NEW YORK, Defendant.

United States Bankruptcy Court, W.D. New York.

February 27, 1995.

Attorney(s) appearing for the Case

Raymond L. Fink, Saperston & Day, Buffalo, NY, James T. Towne, Michael P. Ginley, Kingsley and Towne, P.C., Albany, NY, for plaintiffs.

John H. Hurley, Phillips, Lytle, Hitchcock, Blaine & Huber, Randall D. White, Mark R. Uba, Connors & Vilardo, Buffalo, NY for defendant.

MICHAEL J. KAPLAN, Chief Judge.

I. INTRODUCTION

This matter appears to involve a question not previously addressed in any published cases: Should the Court rule on a non-debtor litigant's motion to remand this adversary proceeding to state court before that litigant is willing to inform the Court whether or not it will assert any claims against the Chapter 11 Debtor-in-Possession, and thereby submit to adjudication of the matter by this Court? The...

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