Legal Opinion

Marshall v. City of Atlanta (In re Air Terminal Enterprises, Inc.)

United States Bankruptcy Court, N.D. Georgia

Decided July 1, 1996No. CASE NO. A92-74152-REB; ADVERSARY PROCEEDING NO. 93-6941Published

1Opinion of the Court

ORDER DETERMINING NON-CORE STATUS AND REPORT AND RECOMMENDATION OF DISMISSAL OF AMENDED COMPLAINT AS AGAINST CO-DEFENDANT MACK WILBOURN

ROBERT E. BRIZENDINE, Bankruptcy Judge.

This adversary proceeding is before the Court on the renewed motion of Co-Defendant Mack Wilbourn to dismiss or, in the alternative, for a more definite statement.1 Upon consideration of these matters, the Court recommends that the motion be granted and that the complaint be dismissed as against this defendant.

In his complaint, Plaintiff-Trustee seeks an award of money damages, including punitive damages, against the…

2Cases cited61 opinions

  1. Hishon v. King & SpaldingSupreme Court of the United States · 1984
  2. Sedima, S. P. R. L. v. Imrex Co.Supreme Court of the United States · 1985
  3. H. J. Inc. v. Northwestern Bell Telephone Co.Supreme Court of the United States · 1989
  4. United States v. TurketteSupreme Court of the United States · 1981
  5. Holmes v. Securities Investor Protection CorporationSupreme Court of the United States · 1992

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