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IN RE FINLEY, KUMBLE, WAGNER, HEINE, ET AL.

Bankruptcy No. 88 B 10377.

160 B.R. 882 (1993)

In re FINLEY, KUMBLE, WAGNER, HEINE, UNDERBERG, MANLEY, MYERSON & CASEY, Debtor.

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

October 29, 1993.

Attorney(s) appearing for the Case

E. Zujkowski, Emmet, Marvin & Martin, New York City, for J.D.B. Kimball, Trustee of the Finley, Kumble, Wagner, Heine, Underberg, Manley, Myerson & Casey Amended and Restated Defined Benefit Plan ("Pension Trustee").

J. Sarna, Esq., Togut, Segal & Segal, New York City, for Official Committee of Unsecured Creditors and F.H. Musselman ("Liquidation Trustee").

S. Birnbaum, M. Mora, Washington, DC, for Pension Benefit Guar. Corp. ("PBGC").

MEMORANDUM OF DECISION ON OBJECTIONS TO CLAIMS AND SUMMARY JUDGMENT

FRANCIS G. CONRAD, Bankruptcy Judge.*

This contested matter1 is before us2 on an application for an order reclassifying, expunging, and disallowing certain claims, a cross motion for the imposition of a constructive trust and a corresponding motion for summary judgment. The issues presented concern the...

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