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IN RE LECO ENTERPRISES, INC.

No. 91 Civ. 4844 (PKL), Bankruptcy Nos. 89 B10949 PBA-89 B10952 PBA, Adv. No. 90-5742A.

144 B.R. 244 (1992)

In re LECO ENTERPRISES, INC., Lord International, Inc., Halfhill Electrical Company, Ltd. and Lord Electric Company, Inc., Debtors. Kenneth P. SILVERMAN, Trustee of the Estate of Leco Enterprises, Inc., Lord International, Inc., Halfhill Electrical Company, Ltd. and Lord Electric Company, Inc., Plaintiff-Appellee, v. GENERAL RAILWAY SIGNAL COMPANY, a unit of General Railway Signal Corporation, Defendant. GENERAL RAILWAY SIGNAL COMPANY, a unit of General Railway Signal Corporation, Third-Party Plaintiff, v. The CITY OF NEW YORK, acting by the NEW YORK CITY TRANSIT AUTHORITY, Third-Party Defendant-Appellant.

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

August 6, 1992.

Attorney(s) appearing for the Case

O. Peter Sherwood, Corp. Counsel of City of New York, New York City (David A. Bagley, of counsel), for third-party defendant-appellant.

Jaspan, Ginsberg, Ehrlich, Schlesinger, Silverman & Hoffman, Garden City, N.Y. (Eugene P. Cimini, of counsel), for plaintiff-appellee.

OPINION AND ORDER

LEISURE, District Judge.

This is an appeal from an Order of the Hon. Prudence B. Abram, United States Bankruptcy Judge for the Southern District of New York, dated March 19, 1991 ("March 19 Order"), which denied the motion of third-party defendant-appellant the City of New York (the "City"), for an order abstaining from the exercise of jurisdiction, pursuant to 28 U.S.C. § 1334(c), but rather ordered a stay of the bankruptcy proceeding...

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