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Brown v. Cantey & Hanger LLP (In re Fort Worth Osteopathic Hosp. Inc.)

Ruling
Bankruptcy court properly withdrew reference of proceeding brought by trustee against partnership without dismissal.
Procedural posture

Plaintiff bankruptcy trustee brought an adversary proceeding against defendant partnership alleging that the partnership caused a bankruptcy debtor's failure, and the partnership asserted a claim against third-party defendant insurer for contribution. The bankruptcy reference was withdrawn with regard to the trustee's claim, and the insurer objected to the bankruptcy court's recommendation that the insurer's motion to dismiss be denied.

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Commercial opinion summary, case decided on June 25, 2008 , LexisNexis #0708-139