IN RE WINGSPREAD CORP.

Bankruptcy No. 87 B 10618-10630, Adv. No. 88-5772A.

92 B.R. 87 (1988)

In re WINGSPREAD CORPORATION, et al., Debtor. C & J CLARK AMERICA, INC., Plaintiff, v. CAROL RUTH, INC., Defendant.

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

October 18, 1988.


Attorney(s) appearing for the Case

Winick & Rich, P.C., by Jeffrey Rich, New York City, for C & J Clark America, Inc.

Daniel A. Zimmerman, New York City, for Carol Ruth, Inc.

Fried Frank Harris Shriver & Jacobson, by Gerald C. Bender, New York City, for the debtors.

Hahn & Hessen, by George A. Hahn, New York City, for Committee of Unsecured Creditors.

Kreindler & Relkin, by Bruce Nathan, New York City, for NCNB National Bank.


MEMORANDUM DECISION ON APPLICATION FOR INJUNCTION OR STAY

TINA L. BROZMAN, Bankruptcy Judge.

Fortunately, since the issuance of the decision by our circuit court of appeals in Ross v. Kirschenbaum (In re Beck Industries, Inc.), 605 F.2d 624 (2d Cir.1979), it is indeed rare that the bankruptcy court is confronted with an assertion that the integrity of an auction sale which it held was tainted by the conduct...

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