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IN RE 100 LINDBERGH BLVD. CORP.

Bankruptcy No. 190-13603-260, Adv. No. 90-1371.

128 B.R. 53 (1991)

In re 100 LINDBERGH BOULEVARD CORP., Debtor. 100 LINDBERGH BOULEVARD CORP., Plaintiff, v. GURNETT ROCK, INC., Defendant.

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

June 21, 1991.

Attorney(s) appearing for the Case

Richard J. McCord, East Norwich, N.Y., for debtor/plaintiff.

Whitman & Ransom, New York City by Norma Levy, for defendant.

CONRAD B. DUBERSTEIN, Chief Judge.

The debtor 100 Lindbergh Boulevard Corp. (hereinafter the "Debtor" or "Lindbergh") commenced this adversary proceeding pursuant to sections 541 and 542 of the Bankruptcy Code to compel the Defendant in this action, Gurnett Rock, Inc., (hereinafter "Gurnett" or the "Defendant") to turn over property which the Debtor alleges belongs to it. In response, Gurnett moved pursuant to Bankruptcy Rules 7012(b)(1) and (6) to dismiss the Debtor...

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