IN RE NEW YORK TRAP ROCK CORP.

Nos. 90 B 21276, 90 B 21286, 90 B 21334 and 90 B 21335, No. 92 ADV. 5049.

138 B.R. 420 (1992)

In re NEW YORK TRAP ROCK CORP., Lone Star Industries, Inc., et al., Debtors. The OFFICIAL COMMITTEE OF EQUITY SECURITY HOLDERS OF LONE STAR INDUSTRIES, INC., Plaintiff, v. LONE STAR INDUSTRIES, INC., a Delaware corporation, Debtor and Debtor In Possession, Defendant.

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

April 6, 1992.


Attorney(s) appearing for the Case

Proskauer Rose Goetz & Mendelsohn, New York City, for debtors.

Willkie Farr & Gallagher, New York City, for Equity Committee.

Wachtell, Lipton, Rosen & Katz, New York City, for Official Committee of Unsecured Creditors.

Nathan M. Fuchs, New York City, for U.S.S.E.C.

Norma Ortiz, New York City, Asst. U.S. Trustee.


DECISION ON MOTION TO DISMISS COMPLAINT

HOWARD SCHWARTZBERG, Bankruptcy Judge.

Lone Star Industries, Inc. ("Lone Star") on behalf of itself and the other above-captioned Chapter 11 debtors has moved to dismiss an adversary proceeding commenced in the name of Lone Star's Official Committee of Equity Security Holders (the "Equity Committee"). The complaint in the adversary proceeding seeks to require Lone Star to convene a shareholders' meeting. The Equity...

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