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IN RE ATLANTIC COMPUTER SYSTEMS, INC.

Bankruptcy No. 90 B 12117. Adv. No. 93-9491A.

163 B.R. 704 (1994)

In re ATLANTIC COMPUTER SYSTEMS, INC., et al., Debtors. PORTFOLIO LEASE FUNDING CORPORATION, NO. 1, Plaintiff, v. SEAGATE TECHNOLOGY, INC., Defendant.

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

February 4, 1994.

Attorney(s) appearing for the Case

Davis Polk & Wardwell (Maryellen E. Abely, of counsel), New York City, for debtors.

Kleinberg, Kaplan, Wolff & Cohen, P.C. (Norris D. Wolff, of counsel), New York City, for PLFC.

Mintz, Levin, Cohn, Ferris, Glovsky & Popeo, P.C. (Whitton E. Norris, III, of counsel), Washington, DC, for Seagate Technology, Inc.

ABSTRACT OF JANUARY 19, 1994 BENCH RULING ON DEFENDANT'S MOTION TO DISMISS ADVERSARY PROCEEDING

BURTON R. LIFLAND, Chief Judge.

This dispute involves a lessee's alleged failure to, inter alia, pay rent, return certain computer equipment (the "Equipment") or to otherwise perform under a certain lease (the "Lease") of such Equipment. The Lease was originally executed by Atlantic Computer Leasing Systems, Inc., as lessor ("Atlantic" or "Debtor"), and Seagate...

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