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IN RE SETZER

No. 85 CV 1626.

52 B.R. 401 (1985)

In re Brian SETZER, Debtor. Brian SETZER, Appellant, v. HOT PRODUCTIONS, INC., Appellee, and Arista Records Limited, Intervenor-Appellee.

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

July 30, 1985.

Attorney(s) appearing for the Case

Nachamie, Kirschner, Levine, Spizz & Goldberg, P.C., New York City by Marc Stuart Goldberg, New York City, for plaintiff-appellant.

Alan L. Spielman, Philadelphia, Pa., for defendant-appellee Hot Productions, Inc.

Bishop, Lieberman & Cook, New York City by David A. Strumwasser, Paul N. Silverstein, Edward S. Weisfelner, New York City, for intervenor-appellee Arista Records Ltd.

MEMORANDUM AND ORDER

PLATT, District Judge.

Arista Records Limited ("Arista"), an intervenor on its own motion on this appeal, seeks an award for its attorneys' fees, costs and expenditures incurred in connection with this appeal from Brian Setzer ("Setzer"), the appellant, "on the grounds that such expenses [sic] were incurred as a direct result of Setzer's bad faith and the commencement of a frivolous appeal." Nolan Affidavit sworn to July 22, 1985 at...

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