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IN RE CHESTERFIELD DEVELOPERS, INC.

No. 67 B. 855.

285 F.Supp. 689 (1968)

In the Matter of CHESTERFIELD DEVELOPERS, INC., also known as Roselawn Park Estates and Lord Chesterfield Homes, Debtor.

United States District Court S. D. New York.

June 18, 1968.

Attorney(s) appearing for the Case

William J. Henry, New York City, for petitioner debtor-in-possession, Martin F. Brecker, New York City, of counsel.

Harold N. and Suzanne Cohen, Newburgh, N. Y., for respondent Atlantic Coast Aggregates Corp.

OPINION

TENNEY, District Judge.

This Petition for Review of an order of a Bankruptcy Referee raises the interesting and complex question of whether a mechanic's lien filed subsequent to the filing of a petition for arrangement is valid against the debtor-in-possession. The Referee found the mechanic's lien to be superior to the right of the debtor-in-possession, and I agree with this conclusion. Accordingly, the Referee's decision is confirmed.

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