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IN RE NATIONAL SUGAR REFINING CO.

No. 82 CIV 5188 (LBS).

27 B.R. 565 (1983)

In re The NATIONAL SUGAR REFINING COMPANY, Debtor. The NATIONAL SUGAR REFINING COMPANY, Appellant, v. C. CZARNIKOW, INC. and Bankers Trust Company, Appellees.

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

January 28, 1983.

Attorney(s) appearing for the Case

Finley, Kumble, Wagner, Heine, Underberg & Casey, Daniel A. Zimmerman, New York City, for appellant.

Zalkin, Rodin & Goodman, Andrew D. Gottfried, New York City, for C. Czarnikow, Inc.

Moses & Singer, Richard W. Brewster, New York City, for Banker Trust Co.

OPINION

SAND, District Judge.

Appellant National Sugar Refining Company appeals from an order of United States Bankruptcy Court Judge Edward J. Ryan, dated September 21, 1981, and from an oral order of the same court, dated November 9, 1981. Briefly stated, the September 21st order determined that appellee, C. Czarnikow, Inc. ("Czarnikow"), an unpaid seller of raw sugar to appellant, was entitled to exercise its right of stoppage in transit upon appellant...

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