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IN RE 680 FIFTH AVE. ASSOCIATES

No. 1337, Docket 93-5107.

29 F.3d 95 (1994)

In re 680 FIFTH AVENUE ASSOCIATES, and 54th and Fifth Land Partners, Debtors. 680 FIFTH AVENUE ASSOCIATES, and 54th and Fifth Land Partners, Plaintiffs-Appellants, v. The MUTUAL BENEFIT LIFE INSURANCE COMPANY IN REHABILITATION, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided July 12, 1994.

Attorney(s) appearing for the Case

Sheldon I. Hirshon, New York City (Steven E. Obus, Meyer Muschel, Lauren J. Drooker, Proskauer, Rose, Goetz & Mendelsohn, of counsel), for plaintiffs-appellants.

Edwin David Robertson, New York City (Raymond E. Loughrey, Alan J. Shmaruk, Cadwalader, Wickersham & Taft, of counsel), for defendant-appellee.

Before: WALKER and JACOBS, Circuit Judges, and ZAMPANO, District Judge.

WALKER, Circuit Judge:

Plaintiffs-appellants and debtors in bankruptcy 680 Fifth Avenue Associates and 54th and Fifth Land Partners (the "Debtors") brought this adversary proceeding seeking a declaration of the parties' rights concerning a lien on a parcel of property with a building held by the Debtors' estates. The lienholder is defendant-appellee Mutual Benefit Life Insurance Company ("MBLI"), a creditor in the Debtors' bankruptcy proceedings.

The facts...

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