In re REVCO D.S., INC., et al., Debtors.
NEW YORK LIFE INSURANCE CO., Plaintiff-Appellant,
v.
REVCO D.S., INC., et al., Defendants-Appellees.
United States Court of Appeals, Sixth Circuit.https://leagle.com/images/logo.png
Argued January 25, 1990.
Decided April 27, 1990.
Attorney(s) appearing for the Case
Joseph Patchan, Baker & Hostetler, Cleveland, for debtor.
L. Stewart Hastings, Gallagher, Sharp, Fulton & Norman, Cleveland, Richard Lieb (argued), Kronish, Lieb, Weiner & Hellman, New York City, for plaintiff-appellant.
Thomas R. Lucchesi, Joseph Patchan, John Silas Hopkins, III, Baker & Hostetler, Cleveland, Ohio, Robert J. White (argued), Evan M. Jones, O'Melveny & Myers, Los Angeles, Cal., Patrick A. Murphy, J. Craig Gilliland, Murphy, Weir & Butler, San Francisco, Cal., Joshua L. Berger, Eric A. Schaffer, Reed, Smith, Shaw & McClay, Pittsburgh, Pa., Roger J. Stevenson, Roetzel & Andress, Akron, Ohio, Stuart Hertzberg, Pepper, Hamilton & Scheetz, Detroit, Mich., Brad E. Scheler, Fried, Frank, Harris, Shriver & Jacobson, New York City, for defendants-appellees.
Before WELLFORD and GUY, Circuit Judges, and HULL, Chief District Judge.
United States Court of Appeals, Sixth Circuit.
WELLFORD, Circuit Judge.
This appeal arises out of an order by the bankruptcy court approving a debtor-in-possession financing arrangement proposed by Revco D.S., Inc. ("Revco"),1 and a group of lenders, including Wells Fargo Bank, N.A., and Marine Midland Bank, N.A. (collectively, the "Banks"). Pursuant to the financing arrangement, the Banks agreed to lend up to $145 million to Revco. In turn, pursuant to section 364 of the Bankruptcy...
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