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IN RE FLAGSTAFF FOODSERVICE CORP.

Reorganization No. 81-B-11430 (PBA), Adv. No. 81-5562-A.

25 B.R. 856 (1982)

In re FLAGSTAFF FOODSERVICE CORPORATION, Debtor. FLAGSTAFF FOODSERVICE CORPORATION (Debtor-in-Possession), Flagstaff Foods of New England, Inc. (Debtor-in-Possession), Plaintiffs, v. CONSOLIDATED FOODS CORPORATION and PYA/Monarch, Inc., Defendants.

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

December 23, 1982.

Attorney(s) appearing for the Case

Bell, Kalnick, Beckman, Klee & Green, New York City, for plaintiffs; Barry R. Fertel, New York City, of counsel.

Wilner, Ross, d'Incelli & Ashinoff and Skadden, Arps, Slate, Meagher & Flom, New York City, for defendants; Reid L. Ashinoff, New York City, of counsel.

DECISION ON DEFENDANTS' MOTION TO STRIKE PLAINTIFFS' JURY DEMAND

PRUDENCE B. ABRAM, Bankruptcy Judge.

The defendants in this adversary proceeding have moved to strike plaintiffs' demand for a jury trial as untimely. Plaintiffs have urged in their cross-motion that this Court grant their request, if untimely, as a matter of discretion. For the reasons discussed below, the Court has determined that it should not strike the jury trial demand and should exercise...

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