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IN RE HUTTON-JOHNSON CO., INC.

Bankruptcy No. 80 B 20294, 80 Adv. 2068.

6 B.R. 855 (1980)

In re HUTTON-JOHNSON CO., INC., Debtor.

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

November 3, 1980.

Attorney(s) appearing for the Case

Wachtell, Lipton, Rosen & Katz, New York City, for Empire National Bank.

Brucker, Manley & Finnegan, West Nyack, N.Y., for debtor.

HOWARD SCHWARTZBERG, Bankruptcy Judge.

Empire National Bank (hereinafter referred to as "Empire") has commenced an adversary proceeding to vacate the automatic stay imposed by Bankruptcy Code § 362 in order to permit Empire to proceed with its foreclosure sale, pursuant to a final judgment of foreclosure with respect to real property in a shopping center in Nanuet, New York. The complaint also seeks to enjoin the debtor from using any rent receipts from the mortgaged...

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