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IN RE AHEAD BY A LENGTH, INC.

Bankruptcy No. 83 B 11430 (TLB), Adv. No. 86-5593A.

78 B.R. 708 (1987)

In re AHEAD BY A LENGTH, INC., Debtor. Dorothy EISENBERG, Trustee, Estate of Ahead By A Length, Inc., Plaintiffs, v. Irwin FEINER, Elizabeth Feiner, Nochum Sternberg, Schnejer Zalman Gurary, Z.G. International Merchandising, Zal-Tex Enterprises Inc., Zalga Marengo Textiles, Inc., Eva Merchandising Corporation, Firey Textile Corporation, Julia Textile Corporation, May-Line Global Textiles Corporation, N.S. Textiles Corporation, Skylab International Textiles, Inc., Skyview Zalga International Textiles, Inc., Troy International Textiles Corporation, Enn Ess Textile Corp. and Orchid Fabrics, Inc., Defendants.

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

October 14, 1987.

Attorney(s) appearing for the Case

Shaw, Goldman, Licitra, Levine & Weinberg, Garden City, N.Y. by John Kaley, Brian Behar, for trustee.

Ballon, Stoll & Itzler by Richard Weinberger, Andrew T. McEvoy, Jr., New York City, for Irwin Feiner.

Miller, Cassidy, Larroca & Levin by Nathan Lewin, Washington, D.C., for S.Z. Gurary.

Paul K. Rooney by Matthew E. Power, New York City, for Nochum Sternberg.

Rudolph Guiliani, U.S. Atty., New York City, by Stuart Abrams, for U.S.

DECISION AND ORDER ON MOTION TO COMPEL TESTIMONY AND ON MOTION TO INTERVENE AND FOR A PROTECTIVE ORDER

TINA L. BROZMAN, Bankruptcy Judge.

We are asked to resolve the disputes engendered by two separate but related motions. Defendants Nochum Sternberg ("Sternberg") and Schnejer Zalman Gurary ("Gurary") move to compel the testimony of defendant Irwin Feiner ("Feiner") pursuant to Rule 37(a) of the Federal Rules of Civil...

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