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IN RE WINSTON INN & RESTAURANT CORP.

No. CV 89-3756 (RR).

120 B.R. 631 (1990)

In re WINSTON INN & RESTAURANT CORP., Debtor. WINSTON INN & RESTAURANT CORP., Plaintiff, v. Agosto DeMICHIEL, Alfons O. Krautz, and Donald H. Capobianco, Defendants.

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

October 31, 1990.

Attorney(s) appearing for the Case

Finkel Goldstein Berzow & Rosenbloom, New York City by Neal M. Rosenbloom, Kevin J. Nash, for debtor.

Rosenberg Rosenberg & Koral, Brooklyn, N.Y. by Louis P. Rosenberg, for defendant Capobianco.

Nathan M. Ferst, New York City, for defendant DeMichiel.

Steckler, Gutman, Morrisey & Murray, New York City by John M. Murray, for defendant Krautz.

MEMORANDUM and ORDER

RAGGI, District Judge:

Debtor Winston Inn & Restaurant Corporation appeals the dismissal of its action against defendants Agosto DeMichiel, Alfons O. Krautz and Donald H. Capobianco for failure to satisfy the conditions precedent to a sale to them of certain bankruptcy assets. See Bankruptcy Rule 8001 and 28 U.S.C. § 158 (1988). The bankruptcy court correctly characterized this...

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