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Opinion 66

Case Name: 

Color Craft Press, Ltd. v. Nationwide Shopper Sys., Inc (In re Color Craft Press, Ltd.), 27 B.R. 392 (Bankr.D.Utah)

Judge: 
Judge Mabey
Date: 
Feb-7-1983
Case Number(s): 
82PM-0974
Status: 

PUBLISHED
See 67a.pdf

Body: 

The bankruptcy court held that it was without jurisdiction over chapter 11 debtor's breach of contract proceeding, and granted defendant's motion to dismiss. The court based its decision on non-severability of 28 U.S.C. § 1471, concluding that, when that portion of the statute that granted jurisdiction to the bankruptcy courts had been declared unconstitutional in N. Pipeline Constr. Co. v. Marathon Pipe Line Co., 458 U.S. 50 (1982), the entire statute failed, including the jurisdictional grant to the district courts over bankruptcy matters, and no other jurisdictional basis existed. The court stayed its dismissal of the case, and certified its decision to the district court for review. The district court vacated the bankruptcy court's decision in 27 B.R. 962 (D. Utah 1983) [67a.pdf].

Internal Ref: 
Opinion 66
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