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ROSEN v. DICK

No. 3, Docket 79-7844.

639 F.2d 82 (1980)

Irving M. ROSEN, Trustee in Reorganization of Bermec Corporation, Plaintiff-Appellee, v. Lynda DICK, Executrix of the Estate of Jack R. Dick, Deceased, Herman L. Meckler, Herbert R. Degnan, John Doe I and John Doe II as Executors or Administrators of the Estate of Bernard Kaye and Audrey Kaye, Deceased, Robert D. Byrnes, Jerome S. Katzin, Hal A. Kroeger, Thibaut deSaint Phalle, Charles H. Harff, Chadbourne, Parke, Whiteside & Wolff, Joseph Bonura, Peat, Marwick, Mitchell & Co., Arthur Andersen & Co. and Empire National Bank, Defendants. ARTHUR ANDERSEN & CO., Defendant and Third-Party Plaintiff-Appellant, v. ARISTOCRAT ANGUS RANCH, Ben R. Houston, and Charles D. Alexander, Third-Party Defendants.

United States Court of Appeals, Second Circuit.

Decided December 30, 1980.

Rehearing Denied February 10, 1981.

Attorney(s) appearing for the Case

Richard I. Donner, New York City (Graubard, Moskovitz, McGoldrick, Dannett & Horowitz, New York City, Martin S. Siegel and Kenneth S. Dannett, New York City, of counsel), for plaintiff-appellee.

Peter Fleming Jr., New York City (Curtis, Mallet-Prevost, Colt & Mosle, New York City, John E. Sprizzo and Mark D. Speed, New York City, and Wilson & McIlvaine, Chicago, Ill., Charles W. Boand, Chicago, Ill., of counsel), for defendant and third-party plaintiff-appellant.

Before MOORE, KEARSE, Circuit Judges, and TENNEY, District Judge.

TENNEY, Senior District Judge:

This interlocutory appeal under 28 U.S.C. § 1292(b) represents one small part of the complex bankruptcy reorganization of Bermec Corporation ("Bermec"). In May 1973, Bermec's Trustee in Reorganization ("Trustee") brought this plenary action centering on Bermec's acquisition of Black Watch Farms ("Black Watch"), a cattle tax shelter.1 The principal problem raised here,

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