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MATTER OF D.H. OVERMYER CO., INC. (TEXAS)

Bankruptcy No. 73 B 1129.

12 B.R. 777 (1981)

In the Matter of D.H. OVERMYER CO., INC. (TEXAS) and D.H. Overmyer Co., Inc. (Ohio), Debtors. Natalie SHAPIRO and Harry I. Subin, individually and as trustees, doing business as Arcadia Enterprises, Plaintiffs, v. D.H. OVERMYER CO., INC. (TEXAS) and D.H. Overmyer Co., Inc. (Ohio), Defendants.

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

July 15, 1981.

Attorney(s) appearing for the Case

Graubard, Moskovitz, McGoldrick, Dannett & Horowitz, New York City, for plaintiffs Harry Subin and Natalie Shapiro; Lawrence D. Bernfeld, and Jack Weinberg, New York City, of counsel.

Robson & Miller, New York City, for debtor; Morton S. Robson and Michael Venditto, New York City, of counsel.

Patterson, Belknap, Webb & Tyler, New York City, for custodial receiver; Robert Soriano, New York City, of counsel.

JOEL LEWITTES, Bankruptcy Judge.

I

INTRODUCTION

Plaintiffs, Natalie Shapiro and Harry I. Subin, as trustees and doing business as Arcadia Enterprises ("lessors" or "plaintiffs"), have commenced this adversary proceeding1 against the substantively consolidated Chapter XI debtors2, D.H. Overmyer Co., Inc. (Texas), as lessee of the subject premises ("lessee" or "DHO Texas") and D.H. Overmyer...

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