Johnston Industries Alabama, Inc. v. National Contract Associates, Inc. (In Re Johnston Industries, Inc.)

MEMORANDUM OPINION

JAMES D. WALKER, JR., Bankruptcy Judge.

This matter comes before the Court on Defendant National Contract Associates, Inc.’s Motion to Dismiss Count II of Plaintiffs Complaint. This is a core matter within the meaning of 28 U.S.C. §§ 157(b)(2)(E) and (O). After a holding a hearing on the motion on August 26, 2003, and after considering briefs filed by the parties, the Court will deny the motion.

Background,

Plaintiff Johnston Industries Alabama, Inc., the Chapter 11 debtor in this case, filed a complaint against Defendant for damages, injunctive relief, contract recission, and…