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IN RE NEW YORK CITY SHOES, INC.

Bankruptcy No. 87-03426S, Adv. No. 88-2294S.

98 B.R. 725 (1989)

In re NEW YORK CITY SHOES, INC., Debtor. NEW YORK CITY SHOES, INC., Plaintiff, v. BEST SHOE CORP. and First Footwear Corp., Defendants.

United States Bankruptcy Court, E.D. Pennsylvania.

April 14, 1989.

Attorney(s) appearing for the Case

Pauline K. Morgan, Mary F. Walrath, Douglas J. Smillie, Philadelphia, Pa., for debtor/plaintiff.

Bradley K. Moss, L.J. Lichtenstein, Mesirov, Gelman, Jaffe, Cramer & Jamieson, Philadelphia, Pa., for defendant.

ADJUDICATION

DAVID A. SCHOLL, Bankruptcy Judge.

A. FINDINGS OF FACT

1. The Plaintiff in this proceeding is NEW YORK CITY SHOES, INC. (hereinafter referred to as "the Debtor"), a debtor-in-possession in the instant Chapter 11 bankruptcy case, filed on July 7, 1987.

2. On December 7, 1988, the Debtor instituted the instant adversary proceeding against BEST SHOE CORP. (hereinafter "Best") and FIRST FOOTWEAR CORP. (hereinafter "1st Footwear"...

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