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PESKIN v. PICARD

No. 09 Civ. 8730 (JGK).

440 B.R. 579 (2010)

Diane and Roger PESKIN, and Maureen Ebel, Appellants, v. Irving H. PICARD, as Trustee for the Liquidation of Bernard L. Madoff Investment Securities LLC, Appellee.

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

October 26, 2010.

Attorney(s) appearing for the Case

Helen Davis Chaitman, Phillips Nizer LLP, New York, NY, for Appellants.

David J. Sheehan, Baker & Hostetler LLP, New York, NY, for Appellee.

MEMORANDUM OPINION AND ORDER

JOHN G. KOELTL, District Judge.

The plaintiff-appellants, Diane and Roger Peskin and Maureen Ebel, appeal from an order of the United States Bankruptcy Court for the Southern District of New York (Lifland, J.) dated September 10, 2009, granting the defendant-appellee's motion to dismiss their complaint. The appellants were customers of Bernard L. Madoff Investment Securities, LLC ("BLMIS"). The appellee is the trustee...

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