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IN RE CENTER TELEPRODUCTIONS, INC.

Bankruptcy No. 89-B-10552 (HCB), Adv. No. 89-6593A.

112 B.R. 567 (1990)

In re CENTER TELEPRODUCTIONS, INC., d/b/a Megamedia Center, Debtor. DANA COMMERCIAL CREDIT CORPORATION, Plaintiff, v. Alan NISSELSON, as Trustee in Bankruptcy for Center Teleproductions, Inc., and in his individual capacity, Greyhound Financial Corp., First Bank National Association, successor in interest to Commercial Funding, Inc., and G.E.M. Auction Corp., Defendants.

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

March 29, 1990.

Attorney(s) appearing for the Case

Hunton & Williams, by Deborah L. Fletcher and Myron D. Cohen, New York City, for Dana Commercial Credit Corp.

Brauner Baron Rosenzweig Kligler Sparber Bauman & Klein, by Howard L. Simon, New York City, for Alan Nisselson and G.E.M. Auction Corp.

Boyle, Vogeler & Haimes, by Michael J. Levin and David C. Wrobel, New York City, for Greyhound Financial Corp.

Dorsey & Whitney, by Kim A. Anderson, Minneapolis, Minn., for First Bank Nat. Ass'n.

DECISION AND ORDER

HOWARD C. BUSCHMAN, III, Bankruptcy Judge.

The instant motion to dismiss or for summary judgment brings to the fore consideration of the scope of the liability and immunity of bankruptcy trustees and the auctioneers they hire.

In its complaint, Plaintiff Dana Commercial Credit Corporation ("Dana") alleges to have consented to an auction sale (the "Auction") by Defendant Alan Nisselson, Trustee for Center Teleproductions, Inc.,...

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