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IN RE ROUNDABOUT THEATRE CO., INC.

No. 89 Civ. 8569 (MEL).

131 B.R. 14 (1991)

In re ROUNDABOUT THEATRE COMPANY, INC., Debtor. Michael FRIED and Barbara Balaberstrauss, Trustee of the Estate of Michael Fried, debtor, Appellants, v. ROUNDABOUT THEATRE COMPANY, INC., Appellee.

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

September 4, 1991.

Attorney(s) appearing for the Case

Salomon Green & Ostrow, P.C., New York City (David M. Green, Yann Geron, of counsel), for appellant Michael Fried.

Sanford P. Rosen, New York City, for appellee.

LASKER, District Judge.

Michael Fried, a former co-executive director of debtor Roundabout Theatre Company, Inc. ("RTC"), appeals from the Bankruptcy Court's denial by summary judgment of Fried's claim against RTC for pre-and post-petition wages in the total amount of $143,003.33, with $30,770 representing a general claim for wages accrued before RTC filed for Chapter 11 protection and $112,233.33 a priority post-petition claim.

The Bankruptcy Court granted...

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