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IN RE ALLIED ARTISTS PICTURES CORP.

No. 86 Civ. 0368 (CBM).

71 B.R. 445 (1987)

In re ALLIED ARTISTS PICTURES CORPORATION, Debtor. Kenneth E. RAINE, as Trustee under a certain Trust Agreement entitled "Hollywood Film Trust Agreement (February 1, 1954)" with Allied Artists Pictures Corporation and Allied Artists Productions, Inc., Appellant-Plaintiff, v. ALLIED ARTISTS PICTURES CORPORATION, Respondent-Defendant.

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

March 4, 1987.

Attorney(s) appearing for the Case

Bryer & David by Marvin M. David, New York City, for appellant-plaintiff.

Angel & Frankel, P.C. by Bruce Frankel, Martin Eisenberg, New York City, for defendant-appellee.

OPINION

MOTLEY, Senior District Judge.

Kenneth Raine, as Trustee of the "Hollywood Film Trust Agreement (February 1, 1954)" appeals from the order of Bankruptcy Judge Cornelius Blackshear dismissing his complaint against the debtor, Allied Artists Pictures Corporation, for failure to state a claim upon which relief can be granted. The basis for the bankruptcy judge's decision, as expressed orally from the bench, was essentially that Raine's cause of action...

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