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IN RE RUDAW/EMPIRICAL SOFTWARE PRODUCTS LTD.

Bankruptcy No. 87 B 20348, 87 Adv. 6178.

83 B.R. 241 (1988)

In re RUDAW/EMPIRICAL SOFTWARE PRODUCTS LTD., Debtor. RUDAW/EMPIRICAL SOFTWARE PRODUCTS LTD., Debtor and Debtor-in-Possession/Plaintiff, v. ELGAR ELECTRONICS CORPORATION, Defendant.

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

February 19, 1988.

Attorney(s) appearing for the Case

Angel & Frankel, P.C., New York City, Brodbeck, Phleger & Harrison, San Diego, Cal., for Elgar Electronics Corp.

Eric Charles Kurtzman, Nanuet, N.Y., for debtor.

DECISION ON DEFENDANT'S MOTION TO DISMISS THE COMPLAINT, RELIEF FROM THE AUTOMATIC STAY AND SANCTIONS

HOWARD SCHWARTZBERG, Bankruptcy Judge.

The defendant, Elgar Electronics Corporation ("Elgar"), has moved pursuant to Bankruptcy Rule 7012(b) to dismiss a complaint in an adversary proceeding commenced against it in this court by the debtor, Rudaw/Empirical Software Products, Ltd. ("Rudaw"), or in the alternative, for summary judgment under Bankruptcy Rule...

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