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IN RE COLBY CONST. CORP.

Bankruptcy No. 85 B 10808.

51 B.R. 113 (1985)

In re COLBY CONSTRUCTION CORP., Debtor-in-Possession.

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

July 15, 1985.

Attorney(s) appearing for the Case

S. Mac Gutman, Forest Hills, N.Y., Glass & Howard by Robert L. Howard, Corwin & Solomon, by Erwin L. Corwin, New York City, Shaw, Goldman, Licitra, Levine & Weinberg, by Jesse I. Levine, Garden City, N.Y., Stanton Halpern, Long Island City, N.Y., for movants.

Gerald Zisholtz, Mineola, N.Y., for Robert B. Samuels Inc.

The Office of the United States Trustees for the Southern District of New York by Cornelius Blackshear, United States Trustee, New York City.

Ballon, Stoll & Itzler, by Sheldon S. Lustigman, and Bruce Gordon, New York City, for debtor.

DECISION

HOWARD C. BUSCHMAN, III, Bankruptcy Judge.

On May 15, 1985, three subcontractors, Pem Electrical Corp., Superior Mechanical Corp., and Stevens Drywall Corp., (collectively referred to "creditors") filed an involuntary Chapter 11 bankruptcy petition against Colby Construction Corp. ("Colby"). Three other creditors, Coyne Electric Co., Glenn Partition, Inc., and L. Rosenman Corp., intervened in support. Upon Colby's consent, an order for relief under...

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