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NRT METALS, INC. v. MANHATTAN METALS (NON-FERROUS)

No. 80 Civ. 7125 (RLC)

576 F.Supp. 1046 (1983)

NRT METALS, INC., Plaintiff, v. MANHATTAN METALS (NON-FERROUS) LTD., Albourne Partners, Leicester Partners and Worcester Partners, Defendants.

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

December 7, 1983.

Attorney(s) appearing for the Case

Gifford, Woody, Palmer & Serles, New York City, for plaintiff; James P. Beggans, Jr., New York City, of counsel.

Parker Chapin Flattau & Klimpl, New York City, for defendants; Barry J. Brett, New York City, of counsel.

OPINION

ROBERT L. CARTER, District Judge.

Plaintiff, NRT Metals, Inc. ("NRT"), a New York corporation, is being voluntarily liquidated without court process. It has brought this declaratory judgment action against Manhattan Metals, Ltd. ("Manhattan"), Albourne Partners, Leicester Partners, and Worcester Partners ("the partnerships") to determine whether, as plaintiffs argue, defendants are to be treated as general creditors under the Liquidation Plan adopted...

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