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IN RE U.S.H. CORP. OF NEW YORK

Bankruptcy No. 91 B 11625(BRL), Adversary No. 98-8552A.

223 B.R. 654 (1998)

In re U.S.H. CORPORATION OF NEW YORK, et al., Debtors. Philip and Helen GRANT, et al., Plaintiffs, v. U.S. HOME CORPORATION, Defendant.

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

August 12, 1998.

Attorney(s) appearing for the Case

Kaye, Scholer, Fierman, Hays & Handler, New York City, for Brigadier Homes, Inc.

Andrew A. Kress, Kaye, Scholer, Fierman, Hays & Handler, New York City, for Meadowbrook Development Corporation.

Bruce Freeman, Westfield, NJ, for U.S.H. Corporation of New York.

MEMORANDUM DECISION GRANTING MOTION TO DISMISS

BURTON R. LIFLAND, Bankruptcy Judge.

U.S. Home Corporation ("US Home"), moves to dismiss the complaint filed by a group of homeowners (the "Plaintiffs") which seeks an order (a) determining that the Plaintiffs are not bound by this Court's order confirming U.S. Home's plan of reorganization and (b) permitting Plaintiffs to pursue prepetition claims against U.S. Home.

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