IN RE BEN COOPER, INC.

No. 486, Docket 89-5026.

924 F.2d 36 (1991)

In re BEN COOPER, INC., Light Manufacturing Co., Inc., Aimwell Products, Inc., Ben Cooper Sales Corp., Debtors. BEN COOPER, INC., Appellant, v. The INSURANCE COMPANY OF The STATE OF PENNSYLVANIA, Kalvin-Miller International, Inc., and Kerwick & Curran, Inc., Appellees.

United States Court of Appeals, Second Circuit.

Decided January 22, 1991.


Attorney(s) appearing for the Case

Kenneth W. Starr, Sol. Gen., Stuart M. Gerson, Asst. Atty. Gen., John G. Roberts, Jr., Deputy Sol. Gen., Stephen J. Marzen, Asst. to the Sol. Gen., William Kanter, Katherine S. Gruenheck and Robert M. Loeb, Attys. Dept. of Justice, Washington, D.C., filed a brief on behalf of intervenor United States.

Lawrence L. Ginsburg, Charles S. Biener, and Lowenthal, Landau, Fischer & Ziegler, New York City, filed a brief on behalf of appellant.

Stuart Cotton, Karen M. Cooke, and Mound, Cotton & Wollan, New York City, filed a brief on behalf of appellees.

Before TIMBERS, CARDAMONE and PRATT, Circuit Judges.


TIMBERS, Circuit Judge:

On November 13, 1990, the Supreme Court entered a judgment, 111 S.Ct. 425 (1990), vacating our opinion and judgment entered February 7, 1990, reported at 896 F.2d 1394, on the ground that "the Court of Appeals should address the jurisdictional issue in the first instance...." 111 S.Ct. at 425.

By an order dated November 27, 1990, we directed the parties to file briefs addressed to the jurisdictional...

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