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IN RE CITADEL ASSOCIATES

Bankruptcy No. 81-00389G, Adv. No. 82-5012G.

31 B.R. 56 (1983)

In re CITADEL ASSOCIATES, Debtor. OFFICIAL LIMITED PARTNERS COMMITTEE OF CITADEL ASSOCIATES, On Behalf of Citadel Associates, Debtor and Debtor in Possession, Plaintiff, v. BANK LEUMI LE-ISRAEL, B.M. and Charles Fox and Howard I. Green and U.S. Management Corporation, Defendants.

United States Bankruptcy Court, E.D. Pennsylvania.

June 23, 1983.

Attorney(s) appearing for the Case

Charles M. Golden, Philadelphia, Pa., for debtor, Citadel Associates.

Nathan B. Feinstein, Cohen, Shapiro, Polisher, Shiekman & Cohen, Philadelphia, Pa., for Official Limited Partners Committee of Citadel Associates.

Roberto Rivera-Sota, Philadelphia, Pa., for Bank Leumi Le-Israel, B.M., defendant.

Michael B. Temin, Wolf, Block, Schorr & Solis-Cohen, Philadelphia, Pa., for defendants, Howard I. Green and U.S. Management Corp.

Alexander N. Rubin, Jr., Rubin, Quinn & Moss, Philadelphia, Pa., for Norman M. Kranzdorf, Trustee, Fidelity American Mortgage Co.

Joseph A. Dworetzky, Drinker Biddle & Reath, Philadelphia, Pa., for Old Kentucky Real Estate Investment Trust.

J. Gregg Miller, Pepper, Hamilton & Scheetz, Philadelphia, Pa., for Finance Co. of America.

Howard N. Greenberg, Philadelphia, Pa., for defendant, Charles Fox.

OPINION

THOMAS M. TWARDOWSKI, Bankruptcy Judge:

The first issue before us is whether the instant complaint should be dismissed for failing to allege proper subject matter jurisdiction because said complaint asserts jurisdiction solely on the basis of 28 U.S.C. § 1471. In view of our determination that the Emergency Interim Rule ("the Emergency Rule"), which was promulgated by the United States District Court for the Eastern District of Pennsylvania...

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