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IN RE ORFA CORP. OF AMERICA (DEL.)

Bankruptcy No. 90-11254S, Adv. No. 90-0175S.

115 B.R. 799 (1990)

In re ORFA CORP. OF AMERICA (DEL.), Debtor. ORFA CORP. OF AMERICA (DEL.) Plaintiff, v. Alexander L. CAPPELLO, T. Kent Graham, Wolf Von Teichman, Gerard K. Cappello, Ronald P. Baldwin, Richard R. Irvin, William B. Ballhaus, Gerd Merz, D. Hunt Ramsbottom, Jr., R. Eric Miller, Bruce Energy Centre Limited and Euro American Capital Corporation, Defendants.

United States Bankruptcy Court, E.D. Pennsylvania.

Order July 20, 1990.

Attorney(s) appearing for the Case

Gary P. Lightman, Allen B. Dubroff, Astor, Weiss & Newman, Philadelphia, Pa., for debtor.

James J. O'Connell, Philadelphia, Pa., Asst. U.S. Trustee.

Alan C. Gershenson, Earl T. Stamm, Earl Forte, III, Blank, Rome, Comisky & McCauley, Philadelphia, Pa., for movants.

Matthew H. Krekstein, Schwartz & Krekstein, Philadelphia, Pa., for Unsecured Creditors' Committee.

Richard L. Berkman, Dechert Price & Rhoads, Philadelphia, Pa., for Sec. Pacific.

OPINION

DAVID A. SCHOLL, Bankruptcy Judge.

A. INTRODUCTION

Before us is a motion asking us to reconsider our Order of April 3, 1990, which denied a motion to dismiss this bankruptcy case premised on the theory that the corporate resolution of the Debtor authorizing the filing was promulgated by an improperly-constituted Board of Directors of the Debtor corporation at a meeting at which no quorum of even the improperly-constituted Board was present...

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