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IN RE LIONEL CORP.

No. 517, Docket 83-5060.

722 F.2d 1063 (1983)

In re the LIONEL CORPORATION, Lionel Leisure, Inc., Consolidated Toy Company, Debtors. The COMMITTEE OF EQUITY SECURITY HOLDERS, Appellant, v. The LIONEL CORPORATION, Applicant-Appellee, Peabody International Corporation, Committee of Unsecured Creditors and Securities and Exchange Commission, Appellees.

United States Court of Appeals, Second Circuit.

Decided November 29, 1983.

Attorney(s) appearing for the Case

Laurence J. Kaiser, Kronish, Lieb, Shainswit, Weiner & Hellman, New York City (Richard Lieb, New York City, of counsel), for respondent-appellant The Committee of Equity Security Holders.

Leonard J. Connolly, Olwine, Connelly, Chase, O'Donnell & Weyher, New York City, for applicant-appellee Lionel Corp.

Gary Blum, Finley, Kumble, Wagner, Heine, Underberg, Manley & Casey, New York City (Michael V. Blumenthal, David M. Friedman, New York City, of counsel), for respondent-appellee Peabody Intern. Corp.

Alan B. Miller, Weil, Gotshal & Manges, New York City (Marcia L. Goldstein, Tonny K. Ho, New York City, of counsel), for respondent-appellee Committee of Unsecured Creditors.

Jerome Feller, New York City, Asst. Regional Administrator, S.E.C. (Paul Gonson, Sol., Anne E. Chafer, Asst. Gen. Counsel, Ruth S. Epstein, Sp. Counsel, Bruce Kohn, Atty., S.E.C., Washington, D.C., of counsel), for appellee, S.E.C.

Before MANSFIELD, CARDAMONE and WINTER, Circuit Judges.

CARDAMONE, Circuit Judge:

This expedited appeal is from an order of United States District Judge Dudley B. Bonsal dated September 7, 1983, approving an order entered earlier that day by the United States Bankruptcy Court for the Southern District of New York (Ryan, J.). The order authorized the sale by Lionel Corporation, a Chapter 11 debtor in possession, of its 82% common stock holding in Dale Electronics, Inc. to Peabody International Corporation for $50 million...

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