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IN RE NATIONAL SUGAR REFINING CO.

Bankruptcy No. 81 B 11756, Adv. No. 82-5668-A.

26 B.R. 765 (1983)

In re The NATIONAL SUGAR REFINING COMPANY, Debtor. The NATIONAL SUGAR REFINING COMPANY and Bankers Trust Company, Plaintiffs, v. STROEHMANN BROTHERS COMPANY, Defendant.

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

January 31, 1983.

Attorney(s) appearing for the Case

Finley, Kumble, Wagner, Heine, Underberg & Casey, New York City, for plaintiff-debtor.

Moses & Singer, New York City, for plaintiff Bankers Trust Co.

Morgan, Lewis & Bockius, New York City, for defendant.

DECISION ON MOTION TO DISMISS COMPLAINT

EDWARD J. RYAN, Bankruptcy Judge.

Defendant, Stroehmann Brothers Company ("Stroehmann"), seeks an order dismissing the complaint of debtor-plaintiff, The National Sugar Refining Company ("National")* pursuant to Federal Rules of Civil Procedure ("FRCP") Rule 12(b)(6). For the reasons set forth below, the defendant's motion is denied.

On or about September 3, 1981 (the filing date...

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