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MIAMI CENTER LTD. PARTNERSHIP v. BANK OF NEW YORK

Nos. 86-5286, 86-5386.

820 F.2d 376 (1987)

MIAMI CENTER LIMITED PARTNERSHIP, Miami Center Corporation, Theodore B. Gould, Chopin Associates, and Holywell Corporation, Plaintiffs-Appellants, v. BANK OF NEW YORK, Defendant-Appellee. MIAMI CENTER CORPORATION and Chopin Associates, Plaintiffs-Appellants, v. The BANK OF NEW YORK, et al., Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

Rehearing Denied September 8, 1987.

Attorney(s) appearing for the Case

Raymond W. Bergan, Williams & Connolly, Philip J. Ward, Stephen I. Glover, Washington, D.C., Fred H. Kent, Jr., Kent, Watts & Durden, Jacksonville, Fla., for plaintiffs-appellants.

Irving M. Wolff, Holland & Knight, Miami, Fla., for Smith.

Vance E. Salter, Steel, Hector & Davis, S. Harvey Ziegler, Kirkpatrick & Lockhart, Miami, Fla., Thomas F. Noone, Emmet, Marvin & Martin, New York City, for Bank of New York.

Before GODBOLD and ANDERSON, Circuit Judges, and SWYGERT, Senior Circuit Judge.

GODBOLD, Circuit Judge:

These consolidated appeals are before us on two separate but related district court decisions: (1) affirmance of the bankruptcy court's confirmation of a proposed reorganization plan (No. 86-5286); and (2) dismissal of a separate action against the Bank of New York (No. 86-5386). We dismiss these appeals as moot.

BACKGROUND

Appellants are the five debtors in the underlying Chapter 11 proceeding: Theodore Gould; Holywell Corporation...

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