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IN RE UNITED MERCHANTS AND MANUFACTURERS, INC.

Civ. A. Nos. 91-489-JJF, 91-601-JJF and 91-602-JJF.

138 B.R. 426 (1992)

In re UNITED MERCHANTS AND MANUFACTURERS, INC., Debtor. In re JONATHAN LOGAN, INC., Debtor. In re UNITED MERCHANTS TRUCKING, INC., Debtor.

United States District Court, D. Delaware.

March 26, 1992.

Attorney(s) appearing for the Case

James L. Patton, Jr. and Joel A. Waite, of Young Conaway Stargatt & Taylor, Wilmington, Del., Michael L. Cook and Brad J. Axelrod, of Skadden Arps Slate Meagher & Flom, New York City, for United Merchants & Mfrs., Inc.

John D. Demmy, of Morris James Hitchens & Williams, Wilmington, Del., K. Peter Schmidt, Richard P. Schifter and L. Hope O'Keeffe, of Arnold & Porter, Washington, D.C., for ILGWU Nat. Retirement Fund.

OPINION

FARNAN, District Judge.

INTRODUCTION

Pending before the Court is the motion of United Merchants and Manufacturing, Inc. ("UM & M") to dismiss the bankruptcy appeal filed by the ILGWU National Retirement Fund ("the Fund"), and UM & M's motion for an appeal bond. UM & M contends that the Court should dismiss the Fund's appeal because substantial consummation of the reorganization plan of UM & M has rendered the appeal moot...

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