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IN RE THOMSON McKINNON SECURITIES INC.

Bankruptcy Nos. 90 B 10914, 90 B 11815 and 90 B 13820.

133 B.R. 39 (1991)

In re THOMSON McKINNON SECURITIES INC., Thomson McKinnon Inc. and Realty International Corporation, Debtors.

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

November 6, 1991.

Attorney(s) appearing for the Case

Debevoise & Plimpton, New York City (Michael E. Wiles, and Andrea L. Lebov, of Counsel), for debtor, Thomson McKinnon Securities Inc.

Vlock & Brown, New York City, for John P. O'Neill.

Stroock & Stroock & Lavan, New York City, for Creditors' Committee.

DECISION ON MOTION AND CROSS-MOTION WITH RESPECT TO CLAIM OF JOHN P. O'NEILL

HOWARD SCHWARTZBERG, Bankruptcy Judge.

The motion and cross-motion under review address the issue of whether or not a class proof of claim should be authorized in this liquidating Chapter 11 case.

John P. O'Neill ("O'Neill"), a customer of the debtor's stock-broker division, commenced a class action against the debtor on November 15, 1988 in the United States District Court...

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