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IN RE FABRIC TREE, INC.

No. 1073, Docket 77-5003.

558 F.2d 1069 (1977)

In re the FABRIC TREE, INC., Debtor. MANGEL STORES CORPORATION, Appellant, v. The FABRIC TREE, INC., Debtor and the Official Creditors' Committee of the Fabric Tree, Inc., Debtor, Appellees.

United States Court of Appeals, Second Circuit.

Decided July 5, 1977.

Attorney(s) appearing for the Case

Anthony J. D'Auria, New York City (Cole & Dietz, New York City, Homer Kripke, New York City, of counsel), for appellant.

Myron Trepper, New York City (Levin & Weintraub, New York City, Michael J. Crames, New York City, of counsel), for appellee, The Fabric Tree, Inc.

Harry A. Margolis, New York City (Hahn, Hessen, Margolis & Ryan, New York City, William R. Fabrizio and Alan E. Rabunski, New York City, of counsel), for appellee, The Official Creditors' Committee of The Fabric Tree, Inc.

Before MOORE, SMITH and GURFEIN, Circuit Judges.

J. JOSEPH SMITH, Circuit Judge:

Mangel Stores Corporation ("Mangel"), appeals from an order of the United States District Court for the Southern District of New York, Henry F. Werker, Judge, affirming the order of Bankruptcy Judge Roy Babitt, acting in the absence and at the request of Bankruptcy Judge Stanley T. Lesser, which confirms the arrangement of the debtor in possession, The Fabric Tree, Inc. ("Fabric Tree"), pursuant to Chapter XI of the Bankruptcy...

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