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IN RE SAPOLIN PAINTS, INC.

Bankruptcy No. 180-01691-21, Adv. No. 180-2057-21.

30 B.R. 792 (1983)

In re SAPOLIN PAINTS, INC., Debtor. SAPOLIN PAINTS, INC., Plaintiff, v. ROCKY'S HARDWARE, INC., Defendant.

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

June 29, 1983.

Attorney(s) appearing for the Case

Shaw, Goldman, Licitra, Levine & Weinberg, P.C., Garden City, N.Y., for plaintiff-debtor; Richard G. Satin, Garden City, N.Y., of counsel.

Bruce H. Roswick, New York City, for defendant.

OPINION

CECELIA H. GOETZ, Bankruptcy Judge:

In this adversary proceeding brought by a Chapter 11 debtor-in-possession on December 12, 1980, the defendant, Rocky's Hardware, Inc. ("Rocky's"), has moved to dismiss for lack of subject matter jurisdiction. The complaint asserts a cause of action for goods sold and delivered, and seeks judgment for $38,210.20. Jurisdiction is asserted to be based upon 28 U.S.C. §§ 1471(b) and (c) conferring upon the...

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