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IN RE E.C. ERNST, INC.

Arrangement Nos. 78 B 2139, 78 B 2140 and 78 B 2141.

2 B.R. 757 (1980)

In re E.C. ERNST, INC., E.C. Ernst Midwest, Inc., E.C. Ernst International Corp., Debtors. Edward P. JOHNSON, Sr., Appellant, v. E.C. ERNST, INC., E.C. Ernst Midwest, Inc., E.C. Ernst International Corp., Appellees.

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

February 11, 1980.

Attorney(s) appearing for the Case

Shea Gould Climenko & Casey by Philip R. Mann, New York City, for appellees.

John M. Burns, III by Alan D. Fox, New York City and Hill, Christopher & Phillips by Cherif Sedky and Ronald W. Stevens, Washington, D.C., for appellant.

Hahn, Hessen, Margolis & Ryan and Krause, Hirsch & Gross, New York City, for Creditors' Committee.

Hynes, Diamond & Reidy, New York City, for The Travelers Indem. Co.

Milbank, Tweed, Hadley & McCloy, New York City, for Credit Suisse.

Shearman & Sterling, New York City, for Citibank, N.A.

OPINION

LLOYD F. MacMAHON, District Judge.

Appellees, E.C. Ernst, Inc., E.C. Ernst Midwest, Inc., and E.C. Ernst International Corp., move to dismiss this appeal by appellant, Edward P. Johnson, Sr., from an order of Bankruptcy Judge Edward J. Ryan, dated June 12, 1979, authorizing appellees, as debtors in possession, to enter into a Loan and Security Agreement (the "Agreement") with the Travelers Indemnity Company...

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