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IN RE ADVANCED MIN. SYSTEMS, INC.

No. 94 Civ. 5744 (CSH).

173 B.R. 467 (1994)

In re ADVANCED MINING SYSTEMS, INC., et al., Debtors. Gary LUTIN and Certain Non-Debtor Affiliates of Debtors, Appellants-Petitioners, v. The UNITED STATES BANKRUPTCY COURT for the SOUTHERN DISTRICT OF NEW YORK, Respondents, and Advanced Mining Systems, Inc., et al., Debtors, and The Committee of Official Creditors of Advanced Mining Systems, et al., Debtors, Appellees-Respondents.

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

October 5, 1994.

Attorney(s) appearing for the Case

Marc H. Rosenbaum, Sharfman, Shanman, Poret & Siviglia, P.C., New York City, for Gary Lutin.

Mark Broude, Arthur H. Amron, Schulte Roth & Zabel, New York City, for Official Committee of Unsecured Creditors.

Dennis J. Drebsky, Rogers & Wells, New York City, for Advanced Min. Systems, Inc.

HAIGHT, District Judge:

In this bankruptcy case, I am asked to stay proceedings in the Bankruptcy Court pending an appeal by Gary Lutin and certain non-debtor affiliates of the debtors (the "Affiliates") from an order of that Court dated June 3, 1994 (Blackshear, J.) expunging the Affiliate's administrative claim. The Affiliates base this requested relief on the All-Writs Statute, 28 U.S.C. § 1651, or in the alternative upon Bankruptcy Rule 8005. The debtors...

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