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IN RE DONALD SHELDON & CO., INC.

Bankruptcy No. 85-6538A, Adv. Nos. 89-6256A (FGC), 90-6684A (FGC).

153 B.R. 661 (1993)

In re DONALD SHELDON & CO., INC., Debtor. Don L. HORWITZ, Trustee for the Liquidation of Donald Sheldon & Co., Inc., Plaintiff, v. Donald SHELDON, and Mary Schad, Defendants.

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

May 5, 1993.

Attorney(s) appearing for the Case

J.G. Strum, J.W. Schryber, and D.S. Pegno, of Kaye, Scholer, Fierman, Hays & Handler, New York City, for plaintiff (Trustee).

B.H. Finkelstein, C.R. Corbin, Jr., and M.J. Halow, of Finkelstein, Thompson & Loughran, Washington, DC, for defendant Donald Sheldon (Sheldon).

D. Ziegler, Reed Smith Shaw & McClay, Pittsburgh, PA, for defendant Mary Schad (Schad).

MEMORANDUM OF DECISION OF AVAILABILITY OF DEFENSE OF MITIGATION OF DAMAGES

FRANCIS G. CONRAD, Bankruptcy Judge.*

This Memorandum of Decision details the reasons for our bench ruling striking1 Defendants' affirmative defense of mitigation of damages prior to trial of the damages issue in this bifurcated proceeding. We have described previously the factual background and procedural history of this case...

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