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IN RE ENVIRONMENTAL RESEARCH & DEVELOPMENT

Bankruptcy No. 83 B 10534 (BRL), Adv. No. 83-6166A.

46 B.R. 774 (1985)

In re ENVIRONMENTAL RESEARCH & DEVELOPMENT, INC., Debtor. Dorothy EISENBERG, Trustee of the Bankruptcy Estate of Environmental Research & Development, Inc., Plaintiff, v. RESOURCE DYNAMICS, INC.; Richard Lehrer; Eugene Boshes; Stanley Morris; Robert Engle; Barry Hirsch; Mitchell Brater; Howard Linker; Frances Heller; Seymour Katz; Robert Goldman; Myron Vogel; Charles C. Johnston; Harris Shapiro; Herman Finesod; Marvin E. Basson; Premium Capital Investors Corp.; U.S.D. Representatives & Investment Co., S.A.; Tracar, S.A.; Booth, Lipton & Lipton; Kanter, Haber & Vogel; and John Does, Defendants.

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

February 25, 1985.

Attorney(s) appearing for the Case

Wilson, Elser, Edelman & Dicker, New York City, for defendants Kanter, Haber & Vogel, and Myron Vogel; Thomas A. Leghorn, New York City, of counsel.

Booth, Lipton & Lipton, New York City, for defendant Booth, Lipton & Lipton; Philip H. Kalban, New York City, of counsel.

Shaw, Goldman, Licitra, Levine & Weinberg, P.C., Garden City, N.Y., for plaintiffs; John E. Westerman, Garden City, N.Y., of counsel.

SOFAER, District Judge:

On April 12, 1983, Environmental Research & Development, Inc. ("ERD"), filed a voluntary petition for reorganization pursuant to Chapter 11 in the Bankruptcy Court for the Southern District of New York. On June 8, 1983, the case was converted to a Chapter 7 liquidation proceeding by an order of the Bankruptcy Court. Amended Complaint ¶¶ 2, 3 (Affidavit of Thomas W. Hyland, July 3, 1984, Exh. A). Dorothy Eisenberg was appointed...

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