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IN RE DeLUCA

Bankruptcy No. 95-11924-AM. Adv. No. 95-1182.

194 B.R. 79 (1996)

In re Robert R. DeLUCA and Marilyn DeLuca, et al., Debtors. JTB ENTERPRISES, L.C., Plaintiff, v. D & B VENTURE, L.C., et al., Defendants.

United States Bankruptcy Court, E.D. Virginia, Alexandria Division.

February 8, 1996.

Attorney(s) appearing for the Case

Joseph S. Luchini, Hazel & Thomas, P.C., Falls Church, VA, for Joel T. Broyhill.

Harvey B. Cohen, Cohen, Gettings & Dunham, P.C., Arlington, VA, for Robert and Marilyn DeLuca.

Kevin M. O'Donnell, McKinley, Schmidtlein, O'Donnell & Bornmann, P.L.C., Alexandria, VA, Thomas P. Gorman, Tyler, Bartl, Burke & Albert, Alexandria, VA, for defendants.

Stanley M. Salus, Chapter 11 Trustee, Wickwire Gavin, P.C., Vienna, VA.

Frank Bove, Attorney-Advisor, Office of United States Trustee, Alexandria, VA.

MEMORANDUM OPINION

STEPHEN S. MITCHELL, Bankruptcy Judge.

The plaintiff in this adversary proceeding, JTB Enterprises, L.C. ("JTB"), seeks a determination that R & M Kiln Creek, L.C. ("R & M Kiln Creek") was properly removed as the managing member of D & B Venture, L.C. ("D & B Venture"), one of the debtors in these jointly administered cases, and that JTB was properly substituted as the managing...

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