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IN RE NEUMAN

Nos. 87 Civ. 3434 (JMC), 87 B 11704 (PBA).

81 B.R. 796 (1988)

In re Carl H. NEUMAN, d/b/a Lydia E. Hall Hospital, Syosset Hospital and Long Island Food Company, Debtor. SARAH R. NEUMAN FOUNDATION, INC., Plaintiff-Appellee, v. James GARRITY, Trustee, Defendant, and United States of America, Intervenor-Appellant.

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

January 22, 1988.

Attorney(s) appearing for the Case

Nancy Kilson, Asst. U.S. Atty., New York City, for intervenor-appellant.

Paul Curran, Ira Sacks, Robert Fracasso, Kaye, Scholer, Fierman, Hays & Handler, New York City, for plaintiff-appellee.

William R. Grimes, Paul H. Silverman, Garrity, Connolly, Lewis, Lowry, Grimes & Silverman, New York City, for trustee, defendant.

OPINION

CANNELLA, District Judge.

The April 22, 1987 Order of Bankruptcy Judge Prudence B. Abram is stayed. The matter is remanded for further proceedings consistent with this opinion.

BACKGROUND

This is an appeal from an Order of Bankruptcy Judge Prudence B. Abram, entered on April 22, 1987, in an adversary proceeding brought by plaintiff-appellee the Sarah R. Neuman Foundation, Inc. [the "Foundation"] against James Garrity, the trustee...

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