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IN RE SHERRELL

No. 95-Misc.-3530.

205 B.R. 20 (1997)

In re Harold R. SHERRELL, Patricia A. Sherrell, Debtors. Harold R. SHERRELL, Patricia A. Sherrell, Plaintiffs, v. FLEET BANK OF NEW YORK, Norstar Bank of New York, Sheldon G. Kall, EMC Mortgage Corp. and Citibank of New York State, Defendants.

United States District Court, N.D. New York.

February 10, 1997.

Attorney(s) appearing for the Case

Harold R. Sherrell, Liverpool, NY, Pro Se.

Costello, Cooney & Fearon, L.L.P., Syracuse, NY, for Fleet Bank of New York; Michael Religa, Barbara Di Piazza, of counsel.

Martin, Martin & Woodard, Syracuse, NY, for Citibank; David Capriotti, of counsel.

MEMORANDUM DECISION & ORDER

POOLER, District Judge.

On September 20, 1996, I issued a Memorandum Decision & Order ("MD & O"), familiarity with which is presumed, denying the Sherrells' appeal from an order of the bankruptcy court dismissing their adversary claims for lack of subject matter jurisdiction. In response, the Sherrells filed a motion for reconsideration, a motion for a writ of mandamus, and an order to show cause. Based on the following...

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