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IN RE McCORHILL PUB., INC.

Bankruptcy Nos. 87 B 20104, 88 B 20122, No. 88 ADV. 6061.

92 B.R. 74 (1988)

In re McCORHILL PUBLISHING, INC., Debtor. In re NEW CASTLE ASSOCIATES, Debtor. KRAUS-THOMSON ORGANIZATION, LTD., Plaintiff, v. McCORHILL PUBLISHING, INC., Debtor, Harvey S. Barr, as Trustee for McCorhill Publishing, Inc., and New Castle Associates, Defendants.

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

October 18, 1988.

Attorney(s) appearing for the Case

Bleakley Platt & Schmidt, McCarthy, Fingar, Donovan, Drazen & Smith, White Plains, N.Y., for McCorhill Pub., Inc.

Ernest H. Hammer, New York City, for New Castle Associates.

Kissam & Halpin, Hahn & Hessen, New York City, for plaintiff.

Harvey S. Barr, Spring Valley, N.Y., trustee.

DECISION ON COMPLAINT SEEKING ORDER FOR DECLARATORY JUDGMENT

HOWARD SCHWARTZBERG, Bankruptcy Judge.

This is an adversary proceeding pursuant to Bankruptcy Rule 7001(2), (9) commenced by Kraus Thomson Organization Ltd. ("KTO"), a Liechtenstein corporation qualified to do business in New York, to obtain a declaratory judgment fixing the amount of its liens against real estate occupied by the debtor, McCorhill Publishing, Inc. ("McCorhill") which it previously...

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