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IN RE AMERICAN MOTOR CLUB, INC.

Bankruptcy No. 887-70763-260, Adv. No. 189-0044.

119 B.R. 394 (1990)

In re AMERICAN MOTOR CLUB, INC., Debtor. AMERICAN MOTOR CLUB, INC., Plaintiff, v. Nicholas NEU, David Gershuny and Jacqueline Couch, as Executor of the Estate of Dante Senise, Defendants.

United States Bankruptcy Court, E.D. New York.

As Amended October 18, 1990.

Attorney(s) appearing for the Case

Berkman, Henoch, Peterson, Kadin, Peddy & Scarcella by Louis A. Scarcella, Garden City, N.Y., for debtor.

Philip Irwin Aaron (Michael Brofman, of counsel), Syosset, N.Y., for Creditors' Committee.

Rosner & Goodman by Andrew J. Goodman, New York City, for creditor.

DECISION

CONRAD B. DUBERSTEIN, Chief Judge.

American Motor Club, the Debtor in Possession (hereinafter the "Debtor" or "AMC") moves to disqualify Rosner & Goodman from acting as trial counsel for defendants Nicholas Neu ("Neu") and David Gershuny ("Gershuny") on two grounds; first, the firm previously represented the Debtor; second, a member of the firm is likely to be called as a witness at trial. For the reasons stated below, the motion is denied....

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