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IN RE SECURED EQUIPMENT TRUST

Bankruptcy No. 91-B-11901 (BRL).

153 B.R. 409 (1993)

In re SECURED EQUIPMENT TRUST OF EASTERN AIR LINES, INC., Debtor.

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

April 16, 1993.

Attorney(s) appearing for the Case

Butler, Fitzgerald & Potter by Raymond Fitzgerald, Claudia Conway, New York City, for petitioning creditors, LNC Investments, Inc., Charter Nat. Life Ins. Co. Magten Asset Management Corp.

Riker, Danzig, Scherer, Hyland & Perretti by Dennis J. O'Grady, Morristown, N.J., for Collateral Trustee, First Fidelity Bank, N.A., New Jersey.

Bruce Roswick by Bruce Roswick, New York City, for Collateral Trustee, First Fidelity Bank, N.A., New Jersey.

Skadden, Arps, Slate, Meagher & Flom by Mark Gross, New York City, for First Series Trustee, Midlantic Nat. Bank.

Clapp & Eisenberg, P.C. by Salvatore T. Alfano, Newark, NJ, for Second Series Trustee, United Jersey Bank.

Gibson, Dunn & Crutcher by Mitchell Karlan, Nancy Gillespie, New York City, Attorneys for Third Series Trustee, Shawmut Bank Connecticut, N.A.

Weil, Gotshal & Manges by Matthew A. Cantor, New York City, for Martin R. Shugrue, Jr., Trustee for the Estate of Eastern Air Lines, Inc.

MEMORANDUM DECISION ON MOTION TO DISMISS INVOLUNTARY PETITION

BURTON R. LIFLAND, Chief Judge.

First Fidelity Bank, N.A., New Jersey ("First Fidelity"), the Collateral Trustee of the Eastern Air Lines, Inc. Secured Equipment Trust (the "Secured Equipment Trust" or "Trust"), moves to dismiss an involuntary petition filed against the Trust on the grounds that the Trust is not an eligible debtor under the Bankruptcy Code, 11 U.S.C. §§ 101-1330 (1993...

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