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IN RE INTERMAGNETICS AMERICA, INC.

No. 90-55160.

926 F.2d 912 (1991)

In re INTERMAGNETICS AMERICA, INC., Intermagnetics Engineering, Inc.; American Video Tape Manufacturing Co.; Magnetic Tape International; Intermagnetics International Sales Corp.; Amex Export, Inc., Debtors. In re Amarjit Singh ANAND, an individual, fdba Agra Enterprises, Debtor. Leonard L. GUMPORT, Chapter 11 Trustee of the Estates of Debtors Intermagnetics America, Inc., Intermagnetics Engineering, Inc., American Video Tape Manufacturing Co., Intermagnetics International Sales Corporation, Amex Export, Inc., and Amarjit Singh Anand fdba Agra Enterprises, Plaintiff-Appellant, v. CHINA INTERNATIONAL TRUST AND INVESTMENT CORPORATION also known as China International Trust and Investment Corporation (Holdings), a commercial instrumentality of the People's Republic of China, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided February 26, 1991.

Attorney(s) appearing for the Case

Leonard L. Gumport, Hufstedler, Miller, Kaus & Beardsley, Los Angeles, Cal., for plaintiff-appellant.

David A. Ranheim, Dorsey & Whitney, Minneapolis, Minn., for defendant-appellee.

David H. von Wittenburg, U.S. Trustee, Los Angeles, Cal., for amicus.

Before POOLE and THOMPSON, Circuit Judges, and PRO, District Judge.

PRO, District Judge:

This case arises out of bankruptcy proceedings regarding Intermagnetics America, Inc. and its subsidiaries ("Intermagnetics"). The Intermagnetics corporations entered bankruptcy in 1984. Plaintiff-Appellant Leonard Gumport, Trustee in Bankruptcy for Intermagnetics, here appeals the district court's grant of summary judgment in favor of Defendant-Appellee China International Trust and Investment Corporation ("CITIC"), on Defendant's motion to dismiss...

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