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IN RE THOMSON McKINNON INC.

Nos. 92 Civ. 7848 (VLB), 90 B. 10914 and 90 B. 11805, Claim No. 020085.

151 B.R. 324 (1993)

In re THOMSON McKINNON INC., Thomson McKinnon Inc. and Realty International Corporation, Debtors. John J. BRUNETTI and Elberon Investment Corporation, Plaintiffs-Appellants, v. THOMSON McKINNON SECURITIES, INC., Defendant-Appellee.

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

March 4, 1993.

Attorney(s) appearing for the Case

J. Barry Cocoziello, Margaret Lambe Jurow, Podvey, Sachs, Meanor, Catenacci, Hildner & Cocoziello PC, Newark, NJ, for plaintiffs-appellants.

Louis H. Miron, Saiber Schlesinger et al., Newark, NJ, for debtor/defendant-appellee.

MEMORANDUM ORDER

VINCENT L. BRODERICK, District Judge.

I

This bankruptcy appeal concerns the claim against a securities broker asserted by appellants, as investors seeking control of a New Jersey racetrack, based on the broker's failure to initiate reports to the state police—reports that were necessary for a takeover of control of the track to proceed. Appellants had asked the broker to keep its purchases of the stock for their

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