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IN RE HOLYWELL CORP.

No. 89-5346.

913 F.2d 873 (1990)

In re HOLYWELL CORPORATION, et al., Debtors. OLYMPIA & YORK FLORIDA EQUITY CORP., and Miami Center Joint Venture, Plaintiffs-Appellees, v. The BANK OF NEW YORK, Defendant-Appellant. In re HOLYWELL CORPORATION, et al., Debtors. BANK OF NEW YORK, Plaintiff-Appellant, Theodore B. Gould, Plaintiff-Appellant-Appellee, Olympia & York/Miami Center Joint Venture, Plaintiffs-Appellees-Appellants, v. Fred Stanton SMITH, As Liquidating Trustee of the Miami Center Liquidating Trust, Defendant-Appellee. In re HOLYWELL CORPORATION, Debtors. BANK OF NEW YORK, Plaintiff-Appellant, v. Fred Stanton SMITH, As Liquidating Trustee of the Miami Center Liquidating Trust, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

October 2, 1990.

Attorney(s) appearing for the Case

Vance E. Salter, Barry R. Davidson, S. Harvey Ziegler, Kirkpatrick & Lockhart, Miami, Fla., for Bank of New York.

John W. Kozyak, Kozyak, Tropin & Throckmorton, Miami, Fla., Albert I. Edelman, New York City, for Miami Center Joint Venture, Olympia & York.

Robert M. Musselman, Charlottesville, Va., for Holywell Corp., Miami Center Joint Venture, Chopin.

Theodore B. Gould, Charlottesville, Va., pro se.

Herbert Stettin, Miami, Fla., for Smith.

Before KRAVITCH and COX, Circuit Judges, and DYER, Senior Circuit Judge.

COX, Circuit Judge:

This appeal involves yet another set of disputes arising from the Chapter 11 reorganization of the five debtors involved in the Miami Center Project. The Bank of New York, the appellant and proponent of the confirmed plan of reorganization, challenges orders of the district court reversing the junior classification and equitable subordination of the lease claims of Olympia & York Florida Equity Corporation ("O & Y") and Miami Center Joint...

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