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IN RE LADY MADONNA INDUSTRIES, INC.

No. 87 Civ. 8226(JMC), Bankruptcy Nos. 84 B 10058(HCB)-84 B 10060(HCB), Adv. No. 86-5428-A.

99 B.R. 536 (1989)

In re LADY MADONNA INDUSTRIES, INC., Lady Madonna Management, Inc., and Lady Madonna Manufacturing, Co., Inc., Debtors. The ROYAL BANK AND TRUST COMPANY, Plaintiff-Appellant, v. John S. PEREIRA, as Chapter 7 Trustee, Defendant-Appellee.

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

May 2, 1989.

Attorney(s) appearing for the Case

Robert L. Howard, New York City, for plaintiff-appellant.

Otterbourg, Steindler, Houston & Rosen, New York City, for defendant-appellee.

MEMORANDUM AND ORDER

CANNELLA, District Judge:

Bankruptcy Judge Howard C. Buschman's Decision and Order of October 6, 1987, granting appellee's motion to dismiss for failure to state a claim and denying appellant's motion for partial summary judgment, is affirmed. 28 U.S.C. § 158(a).

BACKGROUND

The facts underlying this appeal from a decision and order of Bankruptcy Judge Howard C. Buschman are not in dispute. The debtors, Lady Madonna...

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