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PETITION OF SMOUHA

No. 91-B-13569 (JLG), 92 Civ. 0254 (JFK).

136 B.R. 921 (1992)

In re Petition of Brian SMOUHA, Jacques Delvaux and Constant Franssens, Commissaires of BCCI Holdings (Luxembourg) S.A., Debtors in a Foreign Proceeding. Nicholas Collwyn STURGE, et al., Appellants, v. Brian SMOUHA, Jacques Delvaux and Constant Franssens, as Commissaires of Bank of Credit and Commerce International Holdings (Luxembourg) S.A.; Brian Smouha, Commissaire of Bank of Credit and Commerce International, S.A., and Christopher Morris, Nicholas Roger Lyle and John Parry Richards, as Joint Provisional Liquidators of Bank of Credit and Commerce International, S.A.; and Ian Wight and Robert Axford, as Joint Provisional Liquidators of Bank of Credit and Commerce International (Overseas) Ltd., and the United States of America, Appellees.

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

January 23, 1992.

Attorney(s) appearing for the Case

Weil, Gotshal & Manges, New York City, (Michael K. Stanton, Harvey R. Miller, Steven A. Reiss, Deryck A. Palmer, Laura M. Sillins, of counsel), for appellants.

Otto G. Obermaier, U.S. Atty., S.D.N.Y., New York City, (Beth A. Kaswan, Katherine A. Staton, Steven M. Haber, Asst. U.S. Attys., of counsel), for U.S., appellee.

Shearman & Sterling, New York City (Ronald DeKoven, Frederick T. Davis, Jonathan L. Greenblatt, Stuart K. Fleischmann, Jerome S. Fortinsky, of counsel), for BCCI Representatives, appellees.

OPINION AND ORDER

KEENAN, District Judge:

INTRODUCTION

On January 16, 1992, attorneys for Nicholas Collwyn Sturge, an underwriter for Lloyds of London and a putative creditor of Bank of Credit and Commerce International ("BCCI"), hand-delivered to this Court's chambers an appellate brief in support of Sturge's appeal from a bankruptcy court order of January 8, 1992. With Sturge's appellate brief and the voluminous record on appeal, Appellant's...

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