MERRIMAC CORP. v. SVED

No. 91 Civ. 1923 (RWS).

128 B.R. 874 (1991)

MERRIMAC CORP., f/k/a Towle Manufacturing Company, Plaintiff/Appellee, v. Thomas SVED, Wilcros Enterprises Inc. and Svedco Properties, Inc., Defendants/Appellants.

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

As Amended July 12, 1991.


Attorney(s) appearing for the Case

Willkie, Farr & Gallagher, New York City (Benito Romano, of counsel), for plaintiff.

Philip R. Mann, New York City, for defendant.


OPINION

SWEET, District Judge.

Appellee Merrimac Corp. ("Merrimac") has moved to dismiss this bankruptcy appeal as premature. For the following reasons, the motion is granted.

The Parties

The primary debtor in the underlying bankruptcy proceeding is Marrose Corporation ("Marrose"). Merrimac, a Massachusetts Corporation, is an affiliate of Marrose. Merrimac filed for bankruptcy along with Marrose on August 25, 1989.

Appellant...

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