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White Oak Corp. v. American Intl Group Inc. (In re National Eastern Corp.)

White Oak Corp. v. American Intl Group Inc. (In re National Eastern Corp.)

Ruling
Proceeding against debtor contractor's sureties and attorneys for acting in self-interest under indemnity agreement remanded to state court.
Procedural posture

One plaintiff and one defendant (objecting parties) filed motions to abstain and to remand to state court the captioned adversary proceeding, which had been removed to the bankruptcy court pursuant to 28 U.S.C.S. § 1452(a). The basis of the complaint was that defendants, sureties and attorneys, rather than acting on the behalf of the plaintiffs, the debtor and its affiliates under an indemnity agreement, acted in their own self-interest.

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Commercial opinion summary, case decided on July 25, 2008 , LexisNexis #0808-088