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IN RE KINGS FALLS POWER CORP.

Bankruptcy Nos. 94-62115, 94-62116. Adv. No. 95-70054.

185 B.R. 431 (1995)

In re KINGS FALLS POWER CORPORATION, Debtor. In re FOURTH BRANCH ASSOCIATES, Debtor. FOURTH BRANCH ASSOCIATES, Key Trust Company, as Indenture Trustee and Teachers Insurance and Annuity Association of America, Plaintiffs, v. MOHAWK PAPER MILLS, INC., Defendant.

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

June 26, 1995.

Attorney(s) appearing for the Case

The Quinn Firm (Donna M. Quinn, of counsel), Albany, NY, for debtor.

Hiscock & Barclay (Robert Qulia, of counsel), Albany, NY, for Key Trust Co.

Stroock & Stroock & Lavan (Brian Cogan, of counsel), New York City, for Teachers Ins. and Annuity Ass'n of America.

Degraff, Foy, Holt-Harris, Mealey & Kunz (John D. Rogers, of counsel), Albany, NY, for Mohawk Paper Mills, Inc.

Michael Collins, Office of the U.S. Trustee, Utica, NY.

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

STEPHEN D. GERLING, Chief Judge.

This matter comes before the Court by virtue of an Order to Show Cause dated March 24, 1995, obtained by Plaintiffs Fourth Branch Associates ("Debtor"), Key Trust Company as indenture trustee ("Key Trust"), and Teachers Insurance and Annuity Association of America ("TIAA") for entry of summary judgment on shortened time pursuant to Federal Rules of Bankruptcy...

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