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IN RE DONALD SHELDON & CO., INC.

Bankruptcy No. 85-6538A, Adv. No. 90-6256A.

148 B.R. 385 (1992)

In re DONALD SHELDON & CO., INC., Debtor. Don L. HORWITZ, Trustee for the Liquidation of Donald Sheldon & Co., Inc., Plaintiff, v. Donald SHELDON and Mary Schad, Defendants.

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

December 18, 1992.

Attorney(s) appearing for the Case

J.G. Strum, J.W. Schryber, D.S. Pegno, Kaye Scholer, Fierman, Hays & Handler, New York City, for plaintiff trustee ("trustee").

B.H. Finkelstein, C.R. Corbin, Jr., M.J. Halow, Finkelstein, Thompson & Loughran, Washington, DC, for defendants Donald Sheldon and Mary Shad ("defendants").

MEMORANDUM OF DECISION ON 15 U.S.C. § 78lll(4) AND 11 U.S.C. § 741(4)

FRANCIS G. CONRAD, Bankruptcy Judge.*

This matter comes before us1 on Trustee's in limine motion to exclude from the damages trial Section C of the Expert Report of Anthony J. Mottola, dated June 29, 1992. In the Memorandum of Decision that follows, we address the issue of whether overage proceeds from the...

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