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MATTER OF MARINE ELEC. RY. PRODS. DIV., INC.

Bankruptcy No. 180-05261, Adv. No. 181-0626.

17 B.R. 845 (1982)

In the Matter of MARINE ELECTRIC RAILWAY PRODUCTS DIVISION, INC., Debtor. MARINE ELECTRIC RAILWAY PRODUCTS DIVISION, INC., Plaintiff, v. NEW YORK CITY TRANSIT AUTHORITY, Union Switch and Signal Division of American Standard, Inc., Defendants.

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

February 26, 1982.

Attorney(s) appearing for the Case

Richard K. Bernard, Brooklyn, N.Y., for defendant New York City Transit Authority; Martin B. Schnabel and Kenneth J. Chertoff, Brooklyn, N.Y., of counsel.

Sullivan & Cromwell, New York City, for defendant Union Switch and Signal Division of American Standard, Inc.; Arline Mann, New York City, of counsel.

Finley, Kumble, Wagner, Heine, Underberg & Casey, New York City, for the debtor/plaintiff; A. Peter Lubitz, New York City, of counsel.

MANUEL J. PRICE, Bankruptcy Judge.

This is a motion made pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure, by the New York City Transit Authority (NYCTA or THE AUTHORITY) and the Union Switch and Signal Division of American Standard, Inc. (UNION SWITCH) jointly, for an order dismissing the complaint, filed against them by Marine Electric Railway Products Division, Inc. (MARINE ELECTRIC or THE DEBTOR) for declaratory and injunctive relief and for damages...

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