IN RE PETRIE RETAIL, INC.

Docket No. 01-5052.

304 F.3d 223 (2002)

In re PETRIE RETAIL, INC., Debtor. Luan Investment S.E., Appellant, v. Franklin 145 Corp., Cruz-Ponce Corp., Marianne, Ltd., formerly known as Urban Acquisition Corp., G&G Retail, Inc., Appellees.

United States Court of Appeals, Second Circuit.

Decided September 5, 2002.


Attorney(s) appearing for the Case

Edilberto Berrios, New York City, (Thomas M. Gandolfo, Oppenheimer Wolff & Donnelly, LLP, of counsel), for appellant.

Mark S. Indelicato, New York City, (Donna J. Hyman, Hahn & Hessen, LLP, of counsel), for appellee, Franklin 145 Corp.

Mark N. Parry, New York City, (Moses & Singer, LLP, of counsel), for appellees, Marianne, Ltd., formerly known as Urban Acquisition Corp. and Cruz-Ponce Corp.

(McDermott, Will & Emery, New York City), for appellee, G & G Retail, Inc.

Before: OAKES, JACOBS and CALABRESI, Circuit Judges.


Judge JACOBS dissents in a separate opinion.

OAKES, Senior Circuit Judge.

Luan Investment, S.E. ("Luan") appeals from a July 19, 2001, Memorandum and Order and a December 4, 2001, Stipulation and Order entered by the United States District Court for the Southern District of New York, William H. Pauley III, Judge. The district court affirmed three orders entered by the United States Bankruptcy Court for the Southern District of New York, Arthur J. Gonzalez...

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