IN RE MEGAN-RACINE ASSOC., INC.

Bankruptcy No. 92-00860.

192 B.R. 321 (1995)

In re MEGAN-RACINE ASSOCIATES, INC., Debtor.

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

April 19, 1995.


Attorney(s) appearing for the Case

Menter, Rudin & Trivelpiece, P.C., Syracuse, New York (Jeffrey Dove and Mitchell Katz, of counsel), for Debtor.

Swidler & Berlin, Chartered, Washington, DC (Michael L. Shor and William J. Mertens, of counsel), Brian Billinson, Niagara Mohawk Power Corporation, Law Department, Syracuse, New York, for Niagara Mohawk.

Bingham, Dana & Gould, Boston, MA (Sabin Willett, of counsel), for FDIC.

House, Golden, Kingsmill & Reiss, New Orleans, Louisiana (Marguerite Kingsmill, of counsel), Bond, Schoeneck & King, Syracuse, New York (James Dati, of counsel), for Hudson Engineering.

Goldberg & Fabiano, Syracuse, New York (Harold Goldberg, of counsel), for Creditors Committee.

Hancock & Estabrook, Syracuse, New York (Stephen Donato, of counsel), for Kraft.

Michael Collins, Office of the U.S. Trustee, Utica, New York.


MEMORANDUM-DECISION, FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER

STEPHEN D. GERLING, Chief Judge.

The within contested matter is before the Court by way of a motion filed by Niagara Mohawk Power Corporation ("NIMO") requesting the escrow of alleged future contract overpayments being made to Megan-Racine Associates, Inc. ("Debtor"). NIMO's motion, filed pursuant to Bankruptcy Code §§ 363(e) and 105(a) (11 U.S.C. §§ 101-1330) ("Code...

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