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IN RE EASTERN CO.

Civ. A. No. 92-10391-S.

148 B.R. 367 (1992)

In re The EASTERN COMPANY, Debtor. The EASTERN COMPANY, Appellant, v. WHIRLPOOL CORPORATION, The Boston Phoenix, Inc. and Leggett & Platt, Inc., Appellees, and Richard R. Erricola, Chapter 7 Trustee, Intervenor/Appellee.

United States District Court, D. Massachusetts.

December 10, 1992.

Attorney(s) appearing for the Case

James M. Liston, David C. Phalen, Stephen M. Richmond, Kaye, Fialkow, Richmond & Rothstein, Boston, MA, for appellant.

Denis M. King, James F. Wallack, Goulston & Storrs, Boston, MA, for appellees Leggett & Platt, Inc., Whirlpool Corp.

Steven Kornstein, Boston, MA, for appellee Boston Phoenix, Inc.

Duncan S. Payne, Alexander L. Cataldo, Cuddy, Lynch, Monzi & Bixby, One Financial Center, Boston, MA, for appellee Richard R. Erricola.

MEMORANDUM AND ORDER ON APPELLANT'S MOTION FOR REHEARING ON MOTION TO DISMISS APPEAL AS MOOT

SKINNER, District Judge.

On January 8, 1992, the Eastern Company ("Eastco") appealed the bankruptcy court's order for relief placing Eastco into involuntary bankruptcy under 11 U.S.C. § 303(b)(1). By memorandum and order dated October 30, 1992, I allowed the appellees' joint motion to dismiss the appeal as moot on equitable grounds and affirmed the bankruptcy...

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