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IN RE W.T. GRANT CO.

Bankruptcy No. 75 B 1735 (CB).

85 B.R. 243 (1988)

In re W.T. GRANT COMPANY, Bankrupt. Charles HOOTEN, Plaintiff, v. MORGAN GUARANTY TRUST COMPANY OF NEW YORK on its own behalf and as agent for or representative of 25 other "Bank Claimants" in this Proceeding, Defendant.

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

February 2, 1988.

Attorney(s) appearing for the Case

Weil Gotshal & Manges, New York City, for Successor Trustee; Richard Krasnow, and Jacqueline Taubes, of counsel.

Davis Polk & Wardwell, New York City, for defendant Morgan Guar. Trust Co. of New York; Philip C. Potter, Ogden N. Lewis, and Nanci Snow Bockelie, of counsel.

Brewer & Soeiro, New York City, for plaintiff Charles Hooten; Bradley R. Brewer and Horowitz & Jacobs, New York City, of counsel.

MEMORANDUM AND DECISION ON DEFENDANT'S MOTION FOR SUMMARY JUDGMENT DISMISSING COMPLAINT

CORNELIUS BLACKSHEAR, Bankruptcy Judge.

A complaint was filed with this court on November 13, 1986 by the law firms of Brewer & Soeiro and Horowitz & Jacobs on behalf of plaintiff Charles Hooten individually and allegedly on behalf of a class of holders of W.T. Grant Company 4¾% Subordinated Debentures ("Subordinated Debenture Holders") who tendered their 4...

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