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IN RE UNITED MERCHANTS AND MFRS., INC.

No. 89 Civ. 2617 (JES).

126 B.R. 149 (1991)

In Re UNITED MERCHANTS AND MANUFACTURERS, INC., et al., Debtors. UNITED MERCHANTS AND MANUFACTURERS, INC., Plaintiff-Appellant, v. SPARE PARTS, Scott Louis, Inc., Topson Downs of California, Inc., Ms. Tops of California, Inc., Mona Lee of California and Oops, Inc., Defendants-Appellees.

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

April 15, 1991.

Attorney(s) appearing for the Case

Skadden, Arps, Slate, Meagher & Flom, New York City, (George A. Zimmerman, Stephanie Kammerow, of counsel), for plaintiff-appellant.

Zellermayer Gratch & Jacobs, P.C., New York City, (Andrew Brozman, of counsel), for defendants-appellees.

MEMORANDUM OPINION AND ORDER

SPRIZZO, District Judge:

Plaintiff-Appellant United Merchants and Manufacturers, Inc. ("UMM") appeals from an order of the United States Bankruptcy Court for the Southern District of New York (Blackshear, J.), which, upon consideration of whether a less severe sanction than dismissal would be appropriate, adhered to its original decision dismissing plaintiff's complaint for failure to prosecute. UMM had appealed that original...

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