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IN RE EMERGENCY BEACON CORP.

Bankruptcy Nos. 76 B 356, 77 B 980.

52 B.R. 828 (1985)

In re EMERGENCY BEACON CORPORATION, Debtor.

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

September 10, 1985.

Attorney(s) appearing for the Case

Kronish, Lieb, Shainswit, Weiner & Hellman, New York City, for Montmartco, Inc.; Karen M. Klein, New York City, of counsel.

Barr & Faerber, Spring Valley, N.Y., for Trustee.

Stephen Glotzer, Subordinated Creditor, pro se.

HOWARD SCHWARTZBERG, Bankruptcy Judge.

Montmarco, Inc. ("Montmartco"), has moved for an order pursuant to § 377(1) of the Bankruptcy Act of 1898, as amended (former 11 U.S.C. § 777(1) and, former Bankruptcy Rule 11-42(b)(5)(A), dismissing this Chapter XI petition and directing the debtor, Emergency Beacon Corporation, to proceed in bankruptcy pursuant to the liquidation provisions of the former Bankruptcy Act.

Montmartco, the largest unsubordinated...

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