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  5. 297 B.R. 78 (2003)
 

IN RE PIRANHA, INC.

No. Civ.A.3:01-CV-2223-D, Bankruptcy Nos. 01-3611-RCM-11 to 01-36614-RCM-11.

297 B.R. 78 (2003)

In re PIRANHA, INC., Debtor. Richard S. Berger, Appellant, v. Piranha, Inc., Appellee.

United States District Court, N.D. Texas, Dallas Division.

June 20, 2003.

Attorney(s) appearing for the Case

Richard W. Ward, Law Office of Richard W. Ward, Dallas, TX, for Richard S. Berger.

Peter C. D'Apice, Gogi Malik, Andrews & Kurth, Dallas, TX, for Piranha, Inc.

D. Wade Cloud, Jr., Laurie A. Spindler, Hiersche, Hayward, Drakeley & Urbach, Addison, TX, for Robert Newhouse, Chapter 7 Trustee.

FITZWATER, District Judge.

This is an interlocutory appeal that challenges the bankruptcy court's October 10, 2001 order denying appellant Richard S. Berger's ("Berger's") motion to dismiss the bankruptcy of debtor Piranha, Inc. ("Piranha") for want of subject matter jurisdiction.1 The court affirms the bankruptcy court's order.

I

For reasons that need not be explained in detail, in order for Piranha to have filed

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