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IN RE FINLEY, KUMBLE, WAGNER, HEINE, UNDERBERG

Bankruptcy No. 88-B-10377(PBA).

192 B.R. 342 (1994)

In re FINLEY, KUMBLE, WAGNER, HEINE, UNDERBERG, MANLEY, MYERSON & CASEY, Debtor.

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

July 15, 1994.

Attorney(s) appearing for the Case

Christy & Viener by John Cambria, New York City, for Malpractice Claimants Malpractice Representative.

Togut, Segal & Segal by Susan Balaschak, New York City, for the Successor Chapter 11 Trustee.

Skillman E. Siewert, Atlanta, Georgia, Pro Se.

MEMORANDUM DECISION DISALLOWING CLAIM NO. 281, SKILLMAN E. SIEWERT

PRUDENCE BEATTY ABRAM, Bankruptcy Judge:

There has been no lack of diligence by the claimant in pursuing his claim. Unfortunately for the claimant, mere tenacity is not a basis for the allowance of a claim. To the extent that the claim is one for malpractice, it must be disallowed because the claimant was neither a client of the debtor law firm nor within the scope of those third parties...

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