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BOHACK CORP. v. BORDEN, INC.

Civ. Nos. 77 C 2265 and 74 B 933.

450 F.Supp. 367 (1978)

In the Matter of The Bohack Corporation, Debtor-in-Possession. The BOHACK CORPORATION, Plaintiff-Appellee, v. BORDEN, INC., Defendant-Appellant.

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

February 7, 1978.

Attorney(s) appearing for the Case

Plunkett, Wetzel & Jaffe, New York City, for defendant-appellant; George E. Pataki, New York City, of counsel.

Shaw & Levine, Garden City, N. Y., for debtor-in-possession and plaintiff-appellee; J. Stanley Shaw, Jesse R. Levine, and William M. Rifkin, New York City, of counsel.

Memorandum of Decision and Order

MISHLER, Chief Judge.

The instant appeal presents a variety of interesting questions relating to the scope of the Bankruptcy Act's stay provisions and their interplay with section 68 of the Act, 11 U.S.C. § 108. Borden appeals from Bankruptcy Judge C. Albert Parente's October 14, 1977 order enjoining further prosecution of its counterclaim asserted against the debtor-in-possession, Bohack, in a plenary anti-trust action...

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