IN RE ZENITH LABORATORIES, INC.

Bankruptcy Nos. 88-3602, 88-3603, 88-3648 and 88-4263, Appeal No. 89-983, Adv. No. 88-0960.

104 B.R. 659 (1989)

In re ZENITH LABORATORIES, INC., Zenith Parenterals, Inc., Zenith Laboratories, Caribe, Inc., RMWB Associates, Inc., Debtors. ZENITH LABORATORIES, INC., Plaintiff, v. Samuel SINAY, Jacob Rosenbaum, W. Clay Choate, Priscillano and Lydia Bulaon, Edwin B. Carton, Samuel Damesek, Ian K. Portnoy, Stephen A. Bodzin as Trustee for the Stephan A. Bodzin Pension Trust, and Mark London, Defendants.

United States District Court, D. New Jersey.

August 29, 1989.


Attorney(s) appearing for the Case

Kimmelman, Wolff & Samson by Robert Nies, Roseland, N.J., Goodkin, Labaton & Rudoff by Martiss Anderson and Lynda Jacobs, New York City, Pomerarntz, Levy, Haudek, Block & Grossman by Marc I. Gross, New York City, for defendants Sinay, Jacob, Rosenbaum, Choate, Bulaon, Chestman and Damesek.

Ravin, Sarasohn, Cook, Baumgartner, Fisch & Baime by Kenneth Rosen, Roseland, N.J., Cadwalader, Wickersham & Taft by Mark C. Ellenberg, Washington, D.C., for debtors.


OPINION

DEBEVOISE, District Judge.

This is an appeal brought pursuant to 28 U.S.C. sec. 158(a) and Bankruptcy Rule 8001(a) from an order of the bankruptcy court (1) denying a motion brought by debtor shareholders modifying the automatic stay of proceedings against the debtor because of their failure to file individual proofs of claim and (2) staying certain class actions against corporate directors of the debtor alleging violations of the federal securities...

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