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IN RE STIVALA INVESTMENTS, INC.

Bankruptcy No. 5-08-bk-50803 RNO. Adversary No. 5-08-ap-50082 RNO.

391 B.R. 276 (2008)

STIVALA INVESTMENTS, INC., Debtor. Stivala Investments, Inc., Plaintiff v. Atlantic National Trust, LLC, Defendant.

United States Bankruptcy Court, M.D. Pennsylvania.

July 17, 2008.

Attorney(s) appearing for the Case

John H. Doran, Doran Nowalis and Doran, Wilkes-Barre, PA, for Plaintiff.

John M. Murphy, Nogi Appleton Weinberger Wren, Scranton, PA, for Defendant.

Opinion1

ROBERT N. OPEL, II, Bankruptcy Judge.

Introduction

Presently pending before the Court is Atlantic National Trust, LLC's Motion to Dismiss the Debtor's Complaint Pursuant to Federal Rule of Bankruptcy Procedure 7012(b)(1) and (b)(6). The Motion alleges the Complaint seeks relief in a matter in which this Court lacks subject matter jurisdiction under the Rooker-Feldman Doctrine. Alternatively, the...

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