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IN RE COATED SALES, INC.

No. 91 Civ. 3740 (DNE).

147 B.R. 842 (1992)

In re COATED SALES, INC., et al., Debtors. ROOFING CONCEPTS, INC., Plaintiff-Appellant, v. KENYON INDUSTRIES, INC., Defendant-Appellee.

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

December 1, 1992.

Attorney(s) appearing for the Case

Sunshine, Slott & Sunshine, P.C., New York City (Robert W. Slott, of counsel), for plaintiff-appellant Roofing Concepts, Inc.

Kaye, Scholer, Fierman, Hays & Handler, New York City (Lester M. Kirshenbaum, M. Diane Jasinski, of counsel), for defendant-appellee Kenyon Industries, Inc.

OPINION & ORDER

EDELSTEIN, District Judge:

Roofing Concepts, Incorporated ("Roofing" or "appellant") instituted this action to obtain a declaratory judgment from the Bankruptcy Court that it possessed a perfected mechanic's lien on real property owned by Kenyon Industries, Incorporated ("Kenyon" or "Appellee"). The parties filed cross-motions for summary judgment. In an order dated April 11, 1991, Judge Cornelius Blackshear of the Bankruptcy Court in...

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