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IN RE PARMALAT FINANZIARA S.P.A.

Bankruptcy No. 04-14268(RDD). No. 07 Civ. 7413(PKC).

394 B.R. 696 (2008)

In re PARMALAT FINANZIARA S.p.A., et al., Debtors in a Foreign Proceeding. ABN Amro Bank N.V., Appellant, v. Parmalat Finanziara S.p.A., Appellees.

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

September 30, 2008.

Attorney(s) appearing for the Case

Christopher Joseph Caruso, Moses & Singer LLP, New York, NY, for debtor.

Marcia Landweber Goldstein, Weil, Gotshal & Manges LLP, New York, NY, for appellee.

MEMORANDUM AND ORDER

P. KEVIN CASTEL, District Judge.

ABN AMRO Bank N.V. ("ABN") is the holder of a promissory note in the principal amount of $9,999,999.91 guaranteed by Parmalat S.p.A. When the note remained unpaid at maturity, ABN commenced a state court proceeding in New York against Parmalat S.p.A., as guarantor. Prior to the institution of the state court proceeding, Parmalat Finanziaria S.p.A. and...

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