IN RE DUPLAN CORP.

No. 76 B 1967 (KTD).

444 F.Supp. 952 (1978)

In re the DUPLAN CORPORATION, Debtor. CHEMICAL BANK, the First National Bank of Chicago, North Carolina National Bank and Security Pacific National Bank, Plaintiffs, v. Alfred P. SLANER, as Trustee in Reorganization of the Duplan Corporation, Debtor, Defendant, and United States Trust Company of New York, Successor Indenture Trustee under Indenture Dated 2/1/63 for the 5½% Convertible Subordinated Debentures of the Duplan Corporation, Counterclaimant.

United States District Court, S. D. New York.

January 16, 1978.


Attorney(s) appearing for the Case

Zalkin, Rodin & Goodman, New York City, for plaintiffs; Richard S. Toder, Andrew D. Gottfried, New York City, of counsel.

Shea, Gould, Climenko & Casey, New York City, for defendant; William A. Hagan, Jr., Philip R. Mann, New York City, of counsel.

Curtis, Mallet-Prevost, Colt & Mosle, New York City, for counterclaimant; John P. Campbell, Stephen K. Bone, Robert G. Zack, Thomas D. Rodriquez, New York City, of counsel.


OPINION AND ORDER

KEVIN THOMAS DUFFY, District Judge.

On August 31, 1976 the Duplan Corporation (Duplan) filed a petition under Chapter XI of the Bankruptcy Act (the Act). Thereafter, on October 5, 1976, the Bankruptcy Judge entered an order directing that the case proceed under Chapter X of the Act, and on October 6, 1976 I appointed Alfred Slaner as Trustee in Reorganization of Duplan. The instant action is one of several adversary proceedings filed against...

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