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IN RE BOTANY INDUSTRIES, INC.

Bankruptcy Nos. 72-273G, 72-274G.

19 B.R. 599 (1982)

In re BOTANY INDUSTRIES, INC., H Daroff & Sons, Inc., Bankrupts.

United States Bankruptcy Court, E.D. Pennsylvania.

April 27, 1982.

Attorney(s) appearing for the Case

Sidney Chait, Adelman & Lavine, Philadelphia, Pa., for trustees.

Donald M. Collins, Stradley, Ronon, Stevens & Young, Philadelphia, Pa., Harry S. Sylk, Merion, Pa., Successor trustees.

Richard M. Zinner, Friedman & Atherton, Boston, Mass., Special Counsel re litigation against The First Nat. Bank of Boston.

Howard F. Cerny, New York City, for Botany Industries, Inc., H. Daroff & Sons, Inc. and Michael Daroff, Objectors.

Wachtell, Lipton, Rosen & Katz, New York City, for the Creditors' Committee, Botany Industries, Inc.

Hahn, Hessen, Margolis & Ryan, New York City, Sklar, Pearl, Lichtenstein & Sklar, Lawrence J. Lichtenstein, Philadelphia, Pa., for the Creditors' Committee, H. Daroff & Sons, Inc.

Harry Norman Ball, Philadelphia, Pa., for the Bankrupts, Botany Industries, Inc. H. Daroff & Sons, Inc.

Stuart Savett, Kohn, Savett, Marion & Graf, Philadelphia, Pa., for Botany Industries, Inc. Creditors' Committee.

OPINION

EMIL F. GOLDHABER, Bankruptcy Judge:

The issue involved in this case is a simple one, made complex only by the refusal of the attempted appellants to comprehend the clear and unequivocal opinions of the district courts and the courts of appeals.

This has never been a complex case. But it has been a case in which the losers have never been satisfied with their losses. And so they have, virtually each step of the way, lost and appealed, and...

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