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IN RE M.J. SALES & DISTRIBUTING CO., INC.

Bankruptcy No. 81-B-20297, Adv. No. 82 ADV 6166.

25 B.R. 608 (1982)

In re M.J. SALES & DISTRIBUTING COMPANY, INC., Debtor.

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

December 16, 1982.

Attorney(s) appearing for the Case

Hendler & Murray, P.C., New York City, for The Aetna Cas. & Sur. Co.

Barr & Faerber, Spring Valley, N.Y., for trustee.

Leven, Gouldin & Thompson, Binghamton, N.Y., for Therm-O-Ware Electric Corp.

Charles Leeds, New York City, for Bankers Trust Co.; Harvey Blecher, New York City, of counsel.

Herman E. Cooper, P.C., New York City, for Republic National Bank of New York.

HOWARD SCHWARTZBERG, Bankruptcy Judge.

An anticipated problem, with shades of In re Twist Cap, Inc., 1 B.R. 284 (Bkrtcy.D. Fla.1979) prompts the trustee in bankruptcy to join in the request of the plaintiff, Aetna Casualty & Surety Company, for an order staying litigation pending in the New York State Supreme Court. Aetna is presently being sued by Therm-O-Ware Electric Corporation on a bond assuring payment of any judgment...

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