IN RE STN ENTERPRISES

No. 303, Docket No. 85-5059.

779 F.2d 901 (1985)

In re STN ENTERPRISES, d/b/a Atwater Arms, Debtor. UNSECURED CREDITORS COMMITTEE OF DEBTOR STN ENTERPRISES, INC., Appellant, v. Janice NOYES, individually and as Administratrix of the Estate of Stephen T. Noyes, Appellee.

United States Court of Appeals, Second Circuit.

Decided December 26, 1985.


Attorney(s) appearing for the Case

Jerome I. Meyers, White River Junction, Vt., for appellant Creditors Committee.

John R. Canney, III (Brian P. Dempsey, Carroll, George & Pratt, Rutland, Vt.), for STN Enterprises, Inc.

John D. Lanoue, Donovan & O'Connor, Adams, Mass., for appellee Noyes individually.

James J. Cormier, Bennington, Vt., for appellee Noyes as Adm'x.

Before OAKES, NEWMAN, and MINER, Circuit Judges.


OAKES, Circuit Judge:

An unsecured creditors' committee of a debtor in possession under chapter 11 of the Bankruptcy Code appeals from a judgment of the district court denying the committee's motion for leave to commence an action. The committee sought leave from the United States District Court for the District of Vermont, Franklin S. Billings, Jr., Judge, to commence an action against Janice Noyes individually and as administratrix of the estate of her husband,...

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