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IN RE DIAGNOSTIC INTERN., INC.

Bankruptcy No. 97-12293-PHX-CGC. Adversary No. 99-511.

257 B.R. 511 (2000)

In re DIAGNOSTIC INTERNATIONAL, INC., Debtor. Diagnostic International, Inc., Plaintiff, v. Aerobic Life Products Co., et al., Defendants.

United States Bankruptcy Court, D. Arizona.

October 26, 2000.

Attorney(s) appearing for the Case

Christopher R. Kaup, Peskind Hymson & Goldstein, P.C., Scottsdale, AZ, for debtor.

Dewain D. Fox, Fennemore Craig, Phoenix, AZ, for defendants.

UNDER ADVISEMENT DECISION RE: JURISDICTION OVER ADVERSARY PROCEEDING

CHARLES G. CASE, II, Bankruptcy Judge.

I. Introduction and Facts

The issue before this Court is whether it has subject matter jurisdiction over this adversary proceeding. While on its face a seemingly straightforward question, there are several factors at play here, such as the timing of the adversary, the status of the underlying administrative case, and the type of...

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