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IN RE UNITED MERCHANTS AND MFRS., INC.

No. 87 Civ. 8560 (PKL).

86 B.R. 764 (1988)

In re UNITED MERCHANTS AND MANUFACTURERS, INC., et al., Debtors. UNITED MERCHANTS AND MANUFACTURERS, INC., Plaintiff-Appellant, v. SPARE PARTS, Scott Louis, Inc., Topson Downs of California, Inc., Ms. Tops of California, Inc., Mona Lee of California, and Oops, Inc., Defendants-Appellees.

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

May 20, 1988.

Attorney(s) appearing for the Case

Stroock & Stroock & Lavan, New York City (Alvin K. Hellerstein, Edward Tessler, Linda Riefberg, Andrew Lachow, of counsel), for plaintiff-appellant.

Anderson Russell Kill & Olick, P.C., New York City (Andrew P. Brozman, of counsel), for defendants-appellees.

OPINION AND ORDER

LEISURE, District Judge:

This is an appeal pursuant to section 158(a) of Title 28 of the United States Code and Rule 8001(a) of the Bankruptcy Rules from a decision and final order of Honorable Cornelius Blackshear, United States Bankruptcy Judge for this District, dismissing the action for failure to prosecute pursuant to Rule 41(b) of the Federal Rules of Civil Procedure.

FACTUAL BACKGROUND

On July 12, 1977, United Merchants...

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