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IN RE ADVANCED MIN. SYSTEMS, INC.

No. 94 Civ. 5744 (CSH).

189 B.R. 36 (1995)

In re ADVANCED MINING SYSTEMS, INC., Debtors. Gary LUTIN and Certain Non-Debtor Affiliates of Debtors, Appellants, v. ADVANCED MINING SYSTEMS, INC., et al., Debtors, Appellees.

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

November 9, 1995.

Attorney(s) appearing for the Case

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

Gary Lutin, Lurin & Co., New York City, Pro Se.

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

Dennis J. Drebsky, Rogers & Wells, New York City, and Andrew Dash, Berlack Israels & Liberman, New York City, for debtors.

MEMORANDUM OPINION AND ORDER

HAIGHT, Senior District Judge:

This is an appeal from an order of the bankruptcy court for this district (Blackshear, Judge) disallowing and expunging a claim asserted against the debtors in a Chapter 11 proceeding.

The debtors-appellees are Advanced Mining Systems, Inc. ("AMS") and entities affiliated with it. Appellants are Gary Lutin, the former chairman of AMS, and entities not affiliated with AMS (the...

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