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WERBUNGS UND COMMERZ UNION v. COLLECTORS' GUILD

Nos. 84 Civ. 7393 (CHT), 92 Civ. 1913 (CHT).

147 B.R. 317 (1992)

WERBUNGS UND COMMERZ UNION AUSTALT, Plaintiff, v. COLLECTORS' GUILD, LTD., Defendant, PERMAL CAPITAL PARTNERS, L.P., Appellant, v. COLLECTORS' GUILD INTERNATIONAL, INC.; Collectors' Guild, Ltd.; and A.P.F., Inc., Appellees.

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

October 9, 1992.

Attorney(s) appearing for the Case

Cinque & Cinque, P.C. (Robert Cinque, of counsel), New York City, for plaintiff-appellee.

Marc Stuart Goldberg & Associates, P.C., Trustee-in-Bankruptcy for defendants. (Marc Stuart Goldberg, of counsel), Mait, Wang & Simmons, (William R. Mait, of counsel), New York City, for defendant-appellants.

Stroock & Stroock & Lavan (Alvin K. Hellerstein, Edward P. Grosz, of counsel), New York City, for intervenor-defendant-appellant Permal Capital Partners, L.P.

OPINION

TENNEY, District Judge

This case is before the court regarding two matters. One is a motion by the plaintiff to compel the payment of a supersedeas bond in satisfaction of a settlement agreement between itself and the defendant-in-bankruptcy. The other is an appeal by the intervenor-defendant from the finding of the bankruptcy court that the settlement agreement between the plaintiff and the defendant-in-bankruptcy was not collusive and from the...

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