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IN RE WORLD PARTS, LLC

Bankruptcy No. 01-10839 B. Adversary Nos. 03-1176B, 03-1177B.

322 B.R. 37 (2005)

IN RE WORLD PARTS, LLC, Debtor. Edwin Ilardo, as Trustee in Bankruptcy for World Parts, LLC, Plaintiff, v. Al's Diesel, Inc., Defendant. Edwin Ilardo, as Trustee in Bankruptcy for World Parts, LLC, Plaintiff, v. Pacific Detroit Diesel-Allison, Defendant.

United States Bankruptcy Court, W.D. New York.

February 18, 2005.

Attorney(s) appearing for the Case

Damon & Morey LLP (William F. Savino, Esq., Beth Ann Bivona, Esq., of counsel), Buffalo, NY, for Trustee/Plaintiff.

Gross, Shuman, Brizdle & Gilfillan, P.C. (Janet G. Burhyte, Esq., of counsel), Buffalo, NY, for Defendant, Al's Diesel, Inc.

Hinman Straub P.C. (Thomas D. Latin, Esq., of counsel), Albany, NY, for Defendant, Pacific Detroit Diesel-Allison.

CARL L. BUCKI, Bankruptcy Judge.

In each of two adversary proceedings, the defendant has moved for the complaint's dismissal based upon a lack of jurisdiction. Ultimately, the defining issue will be whether the debtor may, by stipulation, acquire a sufficient interest in the litigation, so as to make the dispute into a matter that is related to a case under title 11 of the United States Code.

In January of 2000, Frank Peters and his wife either owned or controlled...

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