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F/S AIRLEASE II, INC. v. SIMON

Nos. 86-3712 to 86-3720, and 86-3731 to 86-3733.

844 F.2d 99 (1988)

In re F/S AIRLEASE II, INC. v. Lewis SIMON and S-J Corporation Greycas, Inc. Appeal of The SWIG INVESTMENT COMPANY AIRCRAFT TRUST NO. 1, one of the creditors above named in this bankruptcy proceeding (Three Cases). Appeal of F/S AIRLEASE II, INC., appellant-debtor above named (Three Cases). Appeal of Lewis SIMON and S-J Financial Corporation (Three Cases). In re F/S AIRLEASE II, INC. v. GREYCAS, INC. F/S AIRLEASE II, INC. v. SWIG INVESTMENT COMPANY, Greycas, Inc., Appellants in No. 86-3714.

United States Court of Appeals, Third Circuit.

Decided March 21, 1988.

Rehearing and Rehearing Denied April 19, 1988.

Attorney(s) appearing for the Case

Thomas S. Galey (argued), Pamela J. Giarla, Pittsburgh, Pa., for F/S AirLease II, Inc.

Jack Weinberg (argued), Graubard, Moskovitz, Dannett, Horowitz & Mollen, New York City, Kirkpatrick & Lockhart, Pittsburgh, Pa., (George M. Cheever, Stoddard D. Platt, Robert K. Gross, of counsel), for the Swig Inv. Co. Aircraft Trust No. 1.

Alan M. Epstein (argued), Kelley Drye & Warren, New York City, Reed, Smith, Shaw & McClay, Pittsburgh, Pa., for Greycas, Inc.

Philip J. Nathanson (argued), Kasdin & Nathanson, Chicago, Ill., Dickie, McCamey & Chilcote, Pittsburgh, Pa., for Lewis Simon and S-J Financial Corp.

Before SLOVITER and STAPLETON, Circuit Judges, and FISHER, District Judge.

Rehearing and Rehearing In Banc Denied April 19, 1988.

OPINION OF THE COURT

SLOVITER, Circuit Judge.

The debtor in a Chapter 11 bankruptcy and its two principal creditors appeal from an order of the district court affirming the bankruptcy court's nunc pro tunc appointment of a broker for professional services rendered to debtor. The broker cross-appeals from that portion of the district court's order vacating the bankruptcy court's monetary...

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