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IN RE LANSBERRY

Bankruptcy Nos. 94-20084-BM, 94-20083-BM. Adv. No. 94-2316-BM.

177 B.R. 49 (1995)

In re John B. LANSBERRY, d/b/a Lansberry Coal and Excavating Company, Debtor. In re VIDEO MINERS, INC., Debtor. MINI-MINERS, INC., Robert Reardon, and Robert Kelly, Plaintiffs, v. John B. LANSBERRY, d/b/a Lansberry Coal and Excavating Company; and Video Miners, Inc., Defendants.

United States Bankruptcy Court, W.D. Pennsylvania.

January 19, 1995.

Attorney(s) appearing for the Case

Joseph M. Colavecchi, Colavecchi & Ryan, Clearfield, PA, for debtors/defendants.

John E. Westerman, Bonnie L. Pollack, Meltzer, Lippe, Goldstein, Wolf, Schlissel & Sazer, P.C., Mineola, NY, Natalie Chetlin Moritz, Todd & Silverberg, P.C., Pittsburgh, PA, for plaintiffs.

Carl P. Izzo, Chapter 7 Trustee, Greensburg, PA.

MEMORANDUM OPINION

BERNARD MARKOVITZ, Bankruptcy Judge.

Several matters are before the court.

Plaintiffs Mini-Miners, Inc., Robert Reardon, and Robert Kelly have moved to dismiss debtors' counterclaim against them and to voluntarily dismiss their own complaint objecting to the dischargeability of certain debts. In support of their motion, plaintiffs argue that the counterclaim must be dismissed because the right to pursue said cause of action...

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