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IN RE MAGNOLIA VENTURE CAPITAL CORP.

No. 3:97CV513LN.

218 B.R. 843 (1997)

In re MAGNOLIA VENTURE CAPITAL CORPORATION.

United States District Court, S.D. Mississippi, Jackson Division.

November 20, 1997.

Attorney(s) appearing for the Case

Patrick H. Scanlon, Scanlon, Sessums, Parker & Dallas, Harry Jonas Rosenthal, Barney E. Eaton, III, Jackson, MS, for Plaintiff or Petitioner.

Kenneth A. Rutherford, Alston & Jones, Jackson, MS, for Prudential Securities, Inc.

James C. Martin, James A. Peden, Jr., Stennett, Wilkinson & Ward, Jackson, MS, for Mississippi Department of Economic and Community Development.

Ronald McAlpin, Jackson, MS, Pro se.

MEMORANDUM OPINION AND ORDER

LEE, District Judge.

In this adversary proceeding, the Mississippi Department of Economic and Community Development (the Department) initially moved the bankruptcy court to dismiss the case as barred by the Eleventh Amendment to the United States Constitution, and the debtor-in-possession, Magnolia Venture Capital Corporation (Magnolia), responded in opposition to the motion. Thereafter, the Department moved to withdraw...

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