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IN RE MITCHELL

Adv. No. LA-96-04033-KM.

206 B.R. 204 (1997)

In re Kevin MITCHELL, Debtor-In-Possession, Kevin MITCHELL, Plaintiff, v. FUKUOKA DAIEI HAWKS BASEBALL CLUB and Ryuzo Setoyama, Defendants.

United States Bankruptcy Court, C.D. California.

As Amended May 30, 1997.

Attorney(s) appearing for the Case

G. Christian Roux, McClintock, Weston, L.L.P. Los Angeles, CA.

Bruce H. Matson, LeClair Ryan, Richmond, VA.

Michael D. Ryan, Gibson, Dunn & Crutcher L.L.P. Los Angeles, CA.

OPINION (1) REMANDING REMOVED ACTION BACK TO DISTRICT COURT ON THE GROUND THAT REMOVAL WAS IMPROPER PURSUANT TO 28 U.S.C. § 1452(a), AND ON THE ALTERNATIVE GROUND THAT IF REMOVAL WAS PROPER PURSUANT TO 28 U.S.C. § 1452(a), THE LAWSUIT SHOULD BE DISCRETIONARILY REMANDED TO DISTRICT COURT PURSUANT TO 28 U.S.C. § 1452(b), AND (2) DENYING MOTION TO TRANSFER REMOVED ACTION TO THE SOUTHERN DISTRICT OF CALIFORNIA

KATHLEEN P. MARCH, Bankruptcy Judge.

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