IN RE D & B SWINE FARMS, INC.

Bankruptcy No. 09-02813-8-JRL. Adversary No. 09-00160-8-JRL.

430 B.R. 737 (2010)

In re D & B SWINE FARMS, INC., Debtor. D & B Swine Farms, Inc., Plaintiff, v. Murphy-Brown, L.L.C., and Smithfield Foods, Inc., Defendants.

United States Bankruptcy Court, E.D. North Carolina, Raleigh Division.

January 23, 2010.


Attorney(s) appearing for the Case

David J. Haidt, Ayers, Haidt & Trabucco, P.A., New Bern, NC, for Debtor/Plaintiff.

Robert A. Cox, Jr., McGuire Woods, LLP, Charlotte, NC, for Defendants.


ORDER REGARDING MOTION TO DISMISS AND DENYING MOTION TO COMPEL ARBITRATION

J. RICH LEONARD, Bankruptcy Judge.

The matters before the court are the defendants' motion to dismiss Smithfield Foods, Inc. from the complaint, and to compel arbitration and to dismiss or, alternatively, to stay the adversary proceeding during arbitration. A hearing took place in Raleigh, North Carolina on December 3, 2009.

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