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IN RE MOHAWK FROZEN FOODS, INC.

No. 500, Docket 85-5016.

780 F.2d 7 (1985)

In re MOHAWK FROZEN FOODS, INC., Debtor. Nathaniel M. GORTON, Douglas Lustic and Joseph Hobika, Creditors Committee of Mohawk Frozen Foods, Inc., Plaintiffs-Appellants, v. GEORGE A. NOLE & SONS, INC., Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided December 30, 1985.

Attorney(s) appearing for the Case

Michael P. Ringood, Syracuse, N.Y. (Smith, Sovik, Kendrick, Schwarzer & Sugnet, P.C., of counsel), for plaintiffs-appellants.

George S. Deptula, Syracuse, N.Y. (Hiscock & Barclay, of counsel), for defendant-appellee.

Before FEINBERG, Chief Judge, and LUMBARD and OAKES, Circuit Judges.

PER CURIAM.

This appeal concerns a dispute in a Chapter 11 bankruptcy proceeding as to whether a claim filed by appellee George A. Nole & Sons, Inc. (Nole), against the debtor, Mohawk Frozen Foods, Inc. (Mohawk), was based on a "wilfully exaggerated" mechanic's lien under New York Lien Law §§ 39 and 39-a. The United States District Court for the Western District of New York, Neal P. McCurn, J., affirmed a decision of Bankruptcy Judge Leon J. Marketos...

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