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IN RE HOSPITALITY VENTURES/LAVISTA

Bankruptcy No. 01-88200. Adversary No. 03-06596.

358 B.R. 462 (2007)

In re HOSPITALITY VENTURES/LAVISTA, a Georgia General Partnership, Debtor. Hospitality Ventures/LaVista, Plaintiff, v. Heartwood 11, L.L.C., Vesta Holdings I, L.L.C., and Vesta Holdings, Inc., Defendants and Third-Party Plaintiffs, v. DeKalb County, Georgia, and Tom Scott, in his official capacity as Tax Commissioner of DeKalb County, Third-Party Defendants.

United States Bankruptcy Court, N.D. Georgia, Atlanta Division.

January 4, 2007.

Attorney(s) appearing for the Case

Joshua M. Katz, Stites & Harbison, PLLC, Louis G. McBryan, Macey, Wilensky, Kessler, Howick & Westfall, Atlanta, GA, for Hospitality Ventures/LaVista.

Robert J. Proctor, Bradley A. Hutchins, John C. Clark, Proctor & Chambers, Bruce Z. Walker, Kelly Serene Scarbrough, Mark S. Marani, Cohen, Pollock, Merlin, Axelrod & Small, Atlanta, GA, for Heartwood 11, L.L.C. and Vesta Holdings I, LLC, Vesta Holdings, Inc.

Mark A. Thompson, DeKalb County Law Dept., Decatur, GA, for Tom Scott.

OPINION ON REMAND WITH REGARD TO JURISDICTION AND REFERRAL OF THIRD-PARTY CLAIM AGAINST DEKALB COUNTY

PAUL W. BONAPFEL, Bankruptcy Judge.

This Opinion considers whether the District Court, under principles of supplemental jurisdiction codified in 28 U.S.C. § 1367, has subject matter jurisdiction of, and if so, whether a bankruptcy judge may hear, a third-party claim for which no independent basis of jurisdiction exists under 28 U.S.C. §...

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