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IN RE DAMON'S INTERNATIONAL, INC.

Bankruptcy Nos. 09-27920-JAD, 10-20565-JAD, 10-20567-JAD, 10-20S68-JAD, 10-20569-JAD, 10-20570-JAD. Adversary No. 12-02392-JAD.

500 B.R. 729 (2013)

In re DAMON'S INTERNATIONAL, INC., Damon's Restaurants, Inc., Damon's Restaurants of America, Inc., Damon's of New Philadelphia, Inc., Damon's of Lexington Park, Inc. Damon's Management, Inc., Debtors. Jeffrey J. Sikirica, Chapter 11 Trustee for Damon's International, Inc., et al., Plaintiff, v. US Foods, Inc., Defendant.

United States Bankruptcy Court, W.D. Pennsylvania.

October 22, 2013.

Attorney(s) appearing for the Case

Michael Kaminski, Blumling & Gusky, LLP, Pittsburgh, PA, for Plaintiff.

Jeffrey J. Sikirica, Gibsonia, PA, pro se.

Jeffrey C. Hampton, Saul Ewing LLP, Philadelphia, PA, for Defendant.

MEMORANDUM OPINION

JEFFERY A. DELLER, Bankruptcy Judge.

The matter before the Court is a Motion to Dismiss filed by the defendant, U.S. Foods, Inc. This matter is a core proceeding over which the Court has subject matter jurisdiction pursuant to 28 U.S.C. §§ 157 and 1334. For the reasons set forth more fully below, the Motion to Dismiss is denied, with the exception of the defendant's request to dismiss the plaintiff's claim pursuant...

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