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IN RE C.R. DAVIDSON CO., INC.

BAP Nos. 99-50010(L), 99-50011(CON), 99-50018(CON) to 99-50021(CON).

232 B.R. 549 (1999)

In re C.R. DAVIDSON COMPANY, INC., CRD Sales & Leasing, Inc., Debtors. The Merchants Bank, George Cooke and Atlantic Bank and Trust Company, Creditor-Appellants, v. C.R. Davidson Company, Inc. and CRD Sales and Leasing, Inc., Debtor-Appellees, Estate of Muriel M. Davidson, Paul P. Tierney, Carol S. Tierney, Michael J. Bouchard, Martha Bouchard, Roselli Brothers, Inc., Creditor-Appellees, Raymond J. Obuchowski, Esq., Chapter 7 trustee, Trustee-Appellee, Office of the United States Trustee, Appellee.

United States Bankruptcy Appellate Panel of the Second Circuit.

April 22, 1999.

Attorney(s) appearing for the Case

J. Behm and C. Reiss, of Sheehey, Brue, Gray, & Furlong, Burlington, VT, for The Merchants Bank and George Cooke ("Merchants").

L. Chalidze, and J.P. Faignant, of Miller, Faignant & Whelton, PC, Rutland, VT and J. Emens-Butler, and R. Obuchowski, of Obuchowski Law Office, Bethel, VT, for CRD Sales and Leasing, Inc. and CR Davidson Company, Inc. ("Debtors").

R. Curtiss, and L. Saffo, of Van Dorn, Cullenberg, Tenses & Curtiss, Orford, NH, for Atlantic Bank & Trust Company ("Atlantic").

A.L. Gallitano, of Otterman & Allen, PC, Barre, VT, for estate of Muriel Davidson.

Before LIFLAND, C.J., KRECHEVSKY, and BROZMAN, U.S. Bankruptcy Judges.

OPINION

LIFLAND, Chief Judge.

This Opinion addresses certain jurisdictional and procedural issues which have arisen in these six consolidated appeals, the common subject of which is a decision by the Vermont bankruptcy court denying motions for abstention under 28 U.S.C. § 1334(c) and dismissal for bad faith. Four adversary proceedings and two bankruptcy cases are involved: adversary proceedings 98-1103 and 98-1106 in In re C.R. Davidson Company...

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