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IN RE SECURED EQUIP. TRUST OF EASTERN AIR LINES, INC.

Nos. 1923, 1924, Docket Nos. 94-5015, 94-5017.

38 F.3d 86 (1994)

In re SECURED EQUIPMENT TRUST OF EASTERN AIR LINES, INC., Debtor, SHAWMUT BANK CONNECTICUT, NATIONAL ASSOCIATION LNC INVESTMENTS, INC.; Charter National Life Insurance Company; and Magten Asset Management Corporation, Appellants, v. FIRST FIDELITY BANK, as Collateral Trustee, United Jersey Bank, and Secured Equipment Trust of Eastern Airlines, Inc., Appellees, Midlantic National Bank, Defendant.

United States Court of Appeals, Second Circuit.

Decided October 17, 1994.

Attorney(s) appearing for the Case

Mitchell A. Karlan, New York City (Gibson, Dunn & Crutcher, of counsel), for appellant Shawmut Bank Connecticut, N.A.

Raymond Fitzgerald, New York City (Michael Freeman, Butler Fitzgerald & Potter, P.C., of counsel), for appellants LNC Investments, Inc., Charter Nat. Life Ins. Co., and Magten Asset Management Corp.

Dennis J. O'Grady, Morristown, NJ (Warren J. Martin, Jr., Donald F. MacMaster, Riker, Danzig, Scherer, Hyland & Perretti, Morristown, NJ, Bruce H. Roswick, New York City, of counsel), for appellee First Fidelity Bank, N.A.

Salvatore T. Alfano, Vincent F. Papalia, Daniel M. Eliades, Clapp & Eisenberg, Newark, NJ filed a brief on behalf of appellee United Jersey Bank.

Before: KEARSE and ALTIMARI, Circuit Judges, and SCHWARTZ, District Judge.

ALTIMARI, Circuit Judge:

Appellants appeal from a judgment entered in the United States District Court for the Southern District of New York (Sprizzo, J.) affirming a final order of the United States Bankruptcy Court for the Southern District of New York (Lifland, J.) dismissing an involuntary bankruptcy petition appellants filed against the Secured Equipment Trust of Eastern Air Lines, Inc. (the "Trust"). The Trust was created as part of a secured financing by Eastern...

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