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IN RE REVERE COPPER AND BRASS, INC.

Bankruptcy No. 82 B 12073 (PBA), Adv. No. 85-5794A.

60 B.R. 887 (1985)

In re REVERE COPPER AND BRASS, INCORPORATED, Debtor. UNITED STATES TRUST COMPANY OF NEW YORK, as Successor Indenture Trustee, Plaintiff, v. REVERE COPPER AND BRASS, INCORPORATED, and Marine Midland Bank, N.A., Defendants.

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

August 9, 1985.

Attorney(s) appearing for the Case

Curtis, Mallet-Prevost, Colt & Mosle by John P. Campbell, New York City, for the U.S. Trust Co. of New York.

Weil, Gotshal & Manges by Stephen Karotkin, New York City, for Revere Copper and Brass, Inc.

MEMORANDUM DECISION AND ORDER

PRUDENCE B. ABRAM, Bankruptcy Judge:

The United States Trust Company as Successor Indenture Trustee ("U.S. Trust" or "Indenture Trustee") under the December 15, 1967 indenture for the 5½% convertible subordinated debentures (the "Debentures") of Revere Copper and Brass Incorporated ("Revere" or "Debtor") commenced this adversary proceeding against Revere on May 10, 1985. In its complaint, U.S. Trust sought:

(1...

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