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IN RE WINGSPREAD CORP.

Nos. 87 B 10618-87 B 10630 (TLB) and 95 Civ. 2614 (PKL).

186 B.R. 803 (1995)

In re WINGSPREAD CORPORATION, et al., Debtors. Harold YOUNG, as Chapter 7 Trustee of Wingspread Corporation, and its subsidiaries, Debtors, Plaintiff-Appellee, v. PARAMOUNT COMMUNICATIONS INC., f/k/a Gulf + Western Industries, Inc., Kayser-Roth Corporation, Norman M. Hinerfeld, and NCNB National Bank as successor to NCNB Financial Services, Inc., Defendants-Appellants.

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

Order Denying Rehearing September 28, 1995.

As Amended October 2, 1995.

Attorney(s) appearing for the Case

Friedman & Kaplan L.L.P. (Bruce S. Kaplan and Andrew W. Goldwater, of counsel), New York City, for appellants Paramount Communications Inc. and Kayser-Roth Corp.

Wachtell, Lipton, Rosen & Katz (Steven M. Barna and Eric M. Roth, of counsel), New York City, for appellant NationsBank, N.A. (Carolinas).

Hahn & Hessen (John P. McCahey and John P. Amato, of counsel), New York City, for appellee Harold Young.

OPINION AND ORDER

LEISURE, District Judge:

This is an appeal from an order issued on February 8, 1995, by the United States Bankruptcy Court for the Southern District of New York (Gallet, J.), ruling, in substance, that Plaintiff-Appellee's claims were not barred by the statute of limitations contained in 11 U.S.C. § 546(a) (1988).1 Plaintiff-Appellee is Harold Young, the...

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