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IN RE INTERSTATE STORES, INC.

No. 119, Docket 87-5020.

830 F.2d 16 (1987)

In re INTERSTATE STORES, INC., formerly known as Interstate Department Stores, Inc., et al., Debtors. CAPITAL TRACING COMPANY, INC., Plaintiff-Appellant, v. INTERSTATE STORES, INC., Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided October 5, 1987.

Attorney(s) appearing for the Case

Lewis T. Stevens, Salt Lake City, Utah (Van Wagoner & Stevens, O'Melveny & Myers, New York City, of counsel), for plaintiff-appellant.

Daniel L. Carroll, New York City (Shea & Gould, Lester H. Yassky, Michael E. Emrich, of counsel), for defendant-appellee.

Before FEINBERG, Chief Judge, PIERCE and ALTIMARI, Circuit Judges.

FEINBERG, Chief Judge:

Capital Tracing Company, Inc. ("Capital") appeals from an order of the United States District Court for the Southern District of New York, 72 B.R. 261, Miriam Goldman Cedarbaum, J., affirming an order of the United States Bankruptcy Court for the Southern District of New York granting a motion by Interstate Stores, Inc. ("Interstate"), now known as Toys "R" Us, for declaratory judgment that unclaimed shares of...

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