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IN RE AHEAD BY A LENGTH, INC.

Bankruptcy No. 83 B 11430(TLB), Adv. No. 86-5593A.

100 B.R. 157 (1989)

In re AHEAD BY A LENGTH, INC., Debtor. Dorothy EISENBERG, Trustee, Estate of Ahead By A Length, Inc., Plaintiff, v. Irwin FEINER, Elizabeth Feiner, Nochum Sternberg, Schnejer Zalman Gurary, Z.G. International Merchandising, Zal-Tex Enterprises, Inc., Zalga Marengo Textiles, Inc., Zalga Metropolitan Textiles, Inc., Almax Continental Textiles Corp., Eva Merchandising Corporation, Firey Textile Corporation, Julia Textile Corporation, May-Line Global Textile Corp., N.S. Textiles Corporation, Skylab International Textiles, Inc., Skyview Zalga Int., Textiles, Inc., Troy International Textiles Corp., Enn Ess Textile Corp., and Orchid Fabrics, Inc.

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

As Corrected May 26, 1989.

Attorney(s) appearing for the Case

Miller, Cassidy, Larroca & Lewin, Washington, D.C., for defendant, Schnejer Zalman Gurary.

Paul K. Rooney, P.C., New York City, for defendant, Nochum Sternberg.

Shaw, Licitra, Eisenberg, Esernio & Schwartz, P.C., Garden City, N.Y., for trustee.

TINA L. BROZMAN, Bankruptcy Judge.

In this motion to dismiss the trustee's adversary proceeding, defendants Schnejer Zalman Gurary and Nochum Sternberg (collectively the Defendants) assert that the necessary elements for a civil claim under the Racketeering Influenced Corrupt Organizations Act (RICO) have not been pleaded, the fraud claims have not been pleaded with particularity, the RICO, conversion and fraudulent transfer claims are time barred, the conspiracy...

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