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IN RE BOSTON POST ROAD LTD. PARTNERSHIP

No. 1219, Docket 93-5082.

21 F.3d 477 (1994)

In re BOSTON POST ROAD LIMITED PARTNERSHIP, Debtor. BOSTON POST ROAD LIMITED PARTNERSHIP, Plaintiff-Appellant, v. FEDERAL DEPOSIT INSURANCE CORPORATION, Defendant-Appellee, Evergreen Landscape; Boyer Realty Mgmt; Flanagan Assoc. Appraisers; Tinnerello Rubbish Removal; Gottesdiener Accounting; and Water Pollution Control, Town of Waterford, Creditors, Honor S. HEATH, Trustee.

United States Court of Appeals, Second Circuit.

Decided March 30, 1994.

Attorney(s) appearing for the Case

Raymond L. Baribeault, Jr., New London, CT (S. Joel Suisman, Andrew J. Brand, Suisman, Shapiro, Wool, Brennan & Gray, of counsel), for plaintiff-appellant.

Walter E. Paulekas, Hartford, CT (Levin & D'Agostino, of counsel), for defendant-appellee.

Before: KEARSE and LEVAL, Circuit Judges and POLLACK, District Judge.

MILTON POLLACK, Senior District Judge:

Debtor seeks confirmation of a Plan of Reorganization filed under Chapter 11 of the Bankruptcy Code. The Bankruptcy Court denied confirmation, holding that the Plan impermissibly (i) separately classified similar claims solely to create an impaired assenting class; and (ii) classified as "impaired" a class of residential security depositors whose interests were in fact benefitted by the Plan. The District Court affirmed the Bankruptcy...

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