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IN RE ZENITH LABORATORIES, INC.

Nos. 88-03602, 88-03603, 88-03648 and 88-04263, Adv. No. 89-0001.

104 B.R. 667 (1989)

In re ZENITH LABORATORIES, INC., Zenith Parenterals, Inc., Zenith Laboratories Caribe, Inc., RMWB Associates, Inc., Debtors. ZENITH LABORATORIES, et al., Plaintiffs, v. SECURITY PACIFIC NATIONAL TRUST COMPANY (NEW YORK), Defendant.

United States Bankruptcy Court, D. New Jersey.

As Corrected October 13, 1989.

Attorney(s) appearing for the Case

Ravin, Sarasohn, Cook, Baumgarten, Fisch & Baime by Ira M. Levee, Roseland, N.J., for plaintiff.

Pitney, Hardin, Kipp & Szuch by Roger C. Ward, Steven J. Halpern, Morristown, N.J., for defendant.

Scarpone & Edelson by Val Mandel, Newark, N.J., for unsecured creditors' committee.

OPINION

WILLIAM F. TUOHEY, Bankruptcy Judge.

The within matter comes before the court by way of defendant's motion seeking an order dismissing the adversary complaint filed by debtor, Zenith Laboratories, against Security Pacific National Trust Company (New York) ("Security Pacific"). Inasmuch as the underlying complaint filed by the plaintiff, Zenith, seeks a determination that Security Pacific violated the automatic...

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