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MATTER OF COLIN

Bankruptcy No. 82 B 11541.

44 B.R. 806 (1984)

In the Matter of Justin COLIN, Debtor.

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

November 30, 1984.

Attorney(s) appearing for the Case

Kaye, Scholer, Fierman, Hays & Handler, New York City, for Creditors Committee; Stanley T. Lesser, Steven J. Glassman, Menachem Z. Rosensaft, New York City, of counsel.

Shea & Gould, New York City, for debtor-in-possession; Herman Bursky, Richard Czaja, New York City, of counsel.

Kramer, Levin, Nessen, Kamin & Soll, New York City, for Manufacturers Hanover Trust Co., Kenneth Eckstein, New York City, of counsel.

David Farmer, Los Angeles, Cal., Trustee of Swift Aire Lines.

Sheppard, Mullin, Richter & Hampton, Los Angeles, Cal., for Trustee of Swift Aire Lines, Inc.; David J. McCarty, Los Angeles, Cal., of counsel.

DECISION AND ORDER

HOWARD C. BUSCHMAN, III, Bankruptcy Judge.

The creditors committee ("Committee") of the Estate of Justin Colin ("Estate" or "Debtor") seeks an order of this Court subordinating the punitive damages portion of the claim against the estate of David Y. Farmer, trustee in bankruptcy ("Swift Trustee") for the Estate of Swift Aire Lines, Inc. ("Swift").

I

In May, 1982, the Swift Trustee commenced an adversary proceeding against...

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