- 28 U.S.C.
Hoge v. Moore (In re Railworks Corp.)
Jul
13
2006
Ruling
Removed state law action by bond guarantors against debtor remanded to state court.
Procedural posture
Plaintiff guarantors of performance bonds issued to a bankruptcy debtor sued defendant representatives of the debtor and its parent company, also a debtor, alleging state law claims to recover amounts paid by the guarantors upon default under the bonds. The action was removed to bankruptcy court, the representatives moved to dismiss the claims, and the guarantors moved for abstention or remand.
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Court
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