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IN RE SOUTHOLD DEVELOPMENT CORP.

Nos. CV 92-3877-92-3879.

148 B.R. 726 (1992)

In re SOUTHOLD DEVELOPMENT CORP., Debtor. The OFFICIAL COMMITTEE OF UNSECURED CREDITORS OF SOUTHOLD DEVELOPMENT CORP., Plaintiff/Respondent, v. Herbert MITTEMYER, Defendant/Appellant. In re SOUTHOLD DEVELOPMENT CORP., Debtor. The OFFICIAL COMMITTEE OF UNSECURED CREDITORS OF SOUTHOLD DEVELOPMENT CORP., Plaintiff/Respondent, v. Elomex GNESH, Defendant/Appellant. In re SOUTHOLD DEVELOPMENT CORP., Debtor. The OFFICIAL COMMITTEE OF UNSECURED CREDITORS OF SOUTHOLD DEVELOPMENT CORP., Plaintiff/Respondent, v. Wolfgang HERING, Defendant/Appellant.

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

December 18, 1992.

Attorney(s) appearing for the Case

Cadwalader, Wickersham & Taft by Mark J. Jacobs, New York City, for plaintiff/respondent.

Rosen & Bernard by Avrum J. Rosen, Huntington, NY, for defendants/appellants Mittemyer, Gnesh and Hering.

Meltzer, Lippe & Goldstein, P.C., Mineola, NY.

Minerva & D'Agostino, Valley Stream, NY.

MEMORANDUM AND ORDER

WEXLER, District Judge.

In the three above-referenced actions, all arising out of the bankruptcy of the Southold Development Corporation ("Southold" or "Debtor"), the Official Committee of Unsecured Creditors of Southold Development Corporation ("plaintiff" or "appellee"), is attempting to bring suit against Elomex Gnesh, Wolfgang Hering and Herbert Mittemyer ("defendants" or "appellants") in order to recover moneys allegedly received...

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