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IN RE LIONEL CORP.

No. 1235, Docket 93-5085.

29 F.3d 88 (1994)

In re The LIONEL CORPORATION and Lionel Leisure, Inc., Debtors. Murray KLEIN, Stanley Zabar, and Saul Zabar, as Tenants in Common, Plaintiffs-Appellees, v. CIVALE & TROVATO, INC., Defendant-Appellant, Lionel Leisure, Inc., Defendant-Appellee, J. United Electrical Contracting Corp., Defendant.

United States Court of Appeals, Second Circuit.

Decided July 12, 1994.

Attorney(s) appearing for the Case

John S. Wojak, Jr., Ross & Cohen, New York City, for defendant-appellant.

Paul H. Aloe, New York City (Craig Weiner, Lawrence Devine, Rubin Baum Levin Constant & Friedman, of counsel), for plaintiffs-appellees.

Kevin Toole, New York City (Jonathan Drucker, Angel & Frankel, P.C., of counsel), for defendant-appellee.

Before: WALKER and JACOBS, Circuit Judges, and CARMAN, Judge.

WALKER, Circuit Judge:

Civale & Trovato, Inc. ("CTI") is a construction company that performed work for Lionel Leisure, Inc. ("Lionel") on a large retail space in New York City that Lionel leased from Messrs. Murray Klein, Stanley Zabar, and Saul Zabar (the "Owners"). CTI filed a mechanic's lien against the premises one week before Lionel filed a petition for Chapter 11 bankruptcy. CTI now appeals from a judgment of the United States District Court for the Southern...

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